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Our Civic Image and Our 
Governments 



BY 

HENRY HARDIN CHERRY, 

BOWLING GREEN, KY. 




Published by the 
Southern Educational Publishing Company 

Bowling Green, Kentucky. 



LIBRARY of CONGRESS 

Two Copies Received 

DEC 23 1905 

Copyright Entry 

CLASJ 0. XXc. No. 

COPY B. 



COPYRIGHT, 1904 

BY 

HENRY HARDIN CHERRY. 



v^ 



^Dedication 




This book is Dedicated by the 
Author to the People, who are 
the Real Rulers of our Country. 



PRINTED AND BOUND 

BY THE 

GEO. G. FETTER COMPANY, 
LOUISVILLE, KY. 



ENGRAVINGS BY 

TINSLEY-MAYER ENGRAVING CO, 

LOUISVILLE, KY. 




THOMAS JEFFERSON. 



"We hold these truths to be self-evident, that all men are created free 
and equal; that they are endowed by their Creator with certain inalienable 
rights; that among these, are life, liberty, and the pursuit of happiness; 
that, to secure these rights, governments are instituted among men, deriving 
their just powers from the consent of the governed; that whenever any form 
of government becomes destructive of these ends, it is the right of the 
people to alter or to abolish it, and to institute a new government, laying 
its foundation on such principles, and organizing its powers in such form, 
as to them shall seem most likely to effect their safety and happiness." 



CONTENTS. 



CHAPTER I. — Divine Government 15 

II. — Self-Government 21 

III. — Fundamental Elements of a Lofty Character and Good 

Citizenship — The Laws, or Concepts of Life 31 

IV. — Human and Civic Growths — The Use of Talents 40 

V. — Patriotism 50 

VI. — Universal Brotherhood 65 

VII. — Our Country and Home 71 

VIII. — Free Government, Education, and the Public School 77 

IX. — Civil Government of the United States 87 

X. — Thirty-two of the Steps and Causes in the Making of 

the Constitution 98 

XI. — The National Government 134 

XII. — The Law-Making Department — The Composition, Work, 

and Organization of the Two Houses of Congress 140 

XIII. — How Laws are Made — Public Opinion, Political Parties, 

and Artificial Laws — How an Idea Became a Law, 164 

XIV. — The Powers of Congress 177 

XV. — Legislative Prohibitions and State Limitations 199 

XVI. — The Executive Department 207 

XVII.— The Judicial Department 234 

XVIII. — The Right to Amend the Constitution and the Amend- 
ments 259 

XIX. — The State and Local Governments 272 

XX. — Municipal Government 286 

Appendix 291 

Index 335 



OUR STATUTES. 




PREFACE 



The individual citizen has been one of the central thoughts in the 
preparation of this book. A "government of the people by the people and 
for the people," has been constantly before the author in his efforts to 
prepare this course of study in civic character building and civil govern- 
ment. The law of God is higher than the law of man. It is above the king's 
commands. Man was made by God in his own image. Governments were 
made by man in man's image. 

Our government grew out of character. It sprang from the lives of 
men. Its organization was the result of conscience implanted in man and 
of character developed by him. Patriotism and character are closely 
related terms. 

An earnest attempt has been made in this book to place upon the 
hearts of the people the responsibility of being citizens of the United States. 
The only thing new or original the author claims is in bringing man closer 
to government and government closer to man; in showing the close analogy 
between individual character and national character; and in pointing out 
the likeness of the form of our government to the nature and being of man — 
of self-government to civil government. The study of civil government is 
usually regarded as a dry and uninteresting subject. The author has 
endeavored in the preparation of this course of study to make it an interest- 
ing and readable, as well as a logical, treatise upon the subject of govern- 
ments. While it is impossible to give a publication of this kind the thrilling 
interest that characterizes some books, yet it is earnestly hoped that the 
attention of the reader will be held. 

Whoever opens this book with a view of reading its pages and noting 
the parallel between soul government and civil government, will find it to 
his interest to study carefully the accompanying chart. It suggests more 
than it tells in words. It is an outline of the contents of the book. It is a 
part of this preface. As far as the author knows, this is the first book on 
Civics that has been highly illustrated. 

This publication is respectfully submitted to the public with the hope 
that it will be valuable in building a righteous citizenship and in bringing 
the people to a better understanding and a higher appreciation of their 
government. 

HENRY HARDIN CHERRY. 

Bowling Green, Ky., November 16, 1905. 




"The strength is in the men, and in their unity and virtue, not in their 
standing room. A little group of wise hearts is better than a wilderness of 
fools, and only that nation gains true territory which gains itself. . -. . 
Remember, no government is ultimately strong, but in proportion to its kind- 
ness and justice; and that a nation does not strengthen by merely multi- 
plying and diffusing itself. ... It multiplies its strength only by 
increasing as one great family, in perfect fellowship and brotherhood. 
. . . Make your national conscience clean, and your national eyes will 
soon be clear." — John Ruskin. 



THE 



This Chart shows the consecutive order in which each Form of Gove 
the relation and similarity of Divine, Self, National, State, and City Gove 
frequently while he is reading this book, the cnart and its explanations flio 

CONSCIENCE introduces man to God and connects the American Re 
ter is a stroke of an artist who is constructing a civic brotherhood. God 
through the people. Trace the conscience line in the illustration and note 



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\ 
\ 

GODS STATUTES 




' *£/ .£ V MANS STATUTES 

THE J OF 



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ir 



Divine Government. — All rightful powers of government come from God. 
Book for the consideration of men. 

"If we abide with the principles taught in the Bible, our country will go 
no man can tell how sudden a catastrophe may overwhelm us and bury all 

Self Government. — The soul is the real man behind his mask of flesh, 
center of individual life, and it should keep in touch with God. Conception 
law-interpreting power of self-government. The book of laws one ma"kes for s 
viduality. 

National Government. — The Constitution of the United States is the suflni 
national government, the President is the law-enforcing, and the Federal Cou 
a government whose form exhibits the image of man. It is a reflection of his ilk 
pressive of the character of its people." The national statutes are enacted bfljlie 

State Government. — The State Constitution is made in the civic image of 
Assembly, or Legislature, is the law-making, the Governor is the law-enforcin 
Constitution was ordained under the authority of the National Constitution I h 
State and are subject to the sovereignty of the National Constitution. The S es 

City Government — The Charter is the Constitution of municipal govern 
the Mayor the law-enforcing, and the City Court or Courts the law-interpretii 
be found to depend upon the character. of the body of the people inhabiting 

The city statutes are enacted by the city government. 



THE THREE I 

Trace the Legislative, Executive, and Judicial Lines through each! 
City Governments. 



HART, 



aient is treated in "Our Civic Image and our Governments." It shows also 
ments. There are Five Books of Statutes. Before the student reads and 
lould have thoughtful attention. 

Dlic to eternity. Every stroke of conscience in its work of building charac- 
Deaks to the individual through the conscience and to the government 
16 relation that exists between God, conscience and the people. 



L G °^ 






cg^ffiJS&feh. 




rod is the beginning of all government and life. The Holy Bible is the first 

prospering, but if we and our posterity neglect its instruction and authority 
r glory in profound obscurity." — "Webster, 
has within it the elements of a complete government. Conscience rs in the 

the law-making power, Will is the law-enforcing power, and Reason is the 
3 self or soul government discloses the real man and determines his indi- 

me law of the national government. Congress is the law-making power of 
are the law-interpreting. The fundamental law of our country establishes 
: jre and a concrete expression of his soul. "The laws of a country are ex- 
j le national government. 

! pe National Constitution, and is the supreme law of the State. The General 
ind the State Courts are the law-interpreting power of State government. The 
the people of the State. State laws reflect the life of the citizens of the 
>p| statutes are enacted by the State government. 

i it. The Council, or the Council and Board of Aldermen, is the law-makingr 
n iepartment of city government. The justice of local or municipal laws wi' 
-e city. As they are it will be. It will be an embodiment of themselves. 

PARTMENTS. 

vision of the Chart, and notice the similarity of Self, National, State and 



CHAPTER I. 



DIVINE GOVERNMENT 



'Out of the shadows of night 
The world rolls into light; 
It is daybreak everywhere." 







GODS STATUTES 



Origin of Government.— "There 

is no power but of God. The pow- 
ers that be are ordained of God." 
The social compact and the ele- 
ments of government are planted* 
within the human breast by Him. 
Government is the natural product 
of the state of man; therefore, gov- 
ernment has a divine origin. The 
corporate people are the State; 
and the government is the instru- 
ment to do the necessary work of 
human society. 

God.— No nation has character 
and power unless its people are 
"poor in spirit" and cry aloud to 
the Incomprehensible, Omnipo- 
tent, All-wise, and Omnipresent God for help, guidance, and 
wisdom. All we have and all we enjoy come from God. 
His spirit in the individual conscience is the still small voice 
which addresses and inspires, which ennobles and enlarges 
human life and action. God should be exalted and glorified 
by all governments; in the president's message, constitution, 
and statute; by legislature, court, and citizen. Allegiance to 
God and the Bible makes Christians of Americans. Loyalty 
to the Constitution of the United States makes them patriots. 
Love of country is shown not so much by Fourth of July 
celebrations and victories upon battlefields as upon the close- 
ness of the people to God. Thomas Jefferson said in his second 




16 



DIVINE GOVERNMENT 



inaugural address, when he accepted the presidency of the 
United States : 

"I shall need, too, the favor of that Being in whose hands 
we are; who led our forefathers, as Israel of old, from their 
native land, and planted them in a country flowing with all 
the necessaries and comforts of life; who has covered our 
infancy with His providence, and our riper years with His 
wisdom and power; and to whose goodness I ask you to join 
with me in supplications, that He will so enlighten the minds 
of your servants, guide their councils and prosper their 
measures, that whatsoever they do shall result in your good, 
and shall secure to you the peace, friendship, and approbation 
of all nations," 

God in Nature? — There are many sources of information 
by which we may study the attributes of Deity and glorify His 
name. The soul, the Bible, and the great Book of Nature offer 

us opportunities 
to know Him. 
God is in Nature. 
Nature appeals 
to the whole be- 
ing of man; and, 
if man is in prop- 
er communica- 
tion with Nature, 
he hears the voice 
of God. Teach- 
ers and parents 
have great op- 
portunities to 
lead young people to see and to know God in Nature, and 
they fall short of their duty unless they do a work of 
this kind. Professor Swing says: "By the time the child 
is live years old, the world ought to be known to it only as 
the noble land of God — a vast park made by the Almighty, 
in whose praises every bird sings a song and every flower 
flaunts its colored flag. One by one should come to 




Whitefield's Bible, kept in the Vestry of the "Old South,'' 

Newburyport. 



DIVINE GOVERNMENT. 



II 



this little mind the truths of love, 
justice, and duty." 

God's Statutes.— The Bible is 
God's law. It is His word. It has 
prompted good government, good 
laws, and the best literature of 
the English tongue. It has touch- 
ed every condition of human life 
and made righteousness possible 
to man. It is the mold and stand- 
ard which statesmen use to make 
governments, congresses and leg- 
islatures to make laws, churches 
to make Christians, authors to 
make the best literature, and the 
people to make patriots. Paul 
said: "All scripture is given by 
inspiration of God, and is profit- 
able for doctrine, for reproof, for 
correction, for instruction in right- 
eousness." 

The Moral Law. —Man's duty 
to his fellowmen and to his God 
is prescribed by the Moral Law. 
This law is set forth in the Ten 
Commandments. It commands 
us, with other things, to love God 
with all our heart and to love our 
neighbor as ourselves. The law 
of nature, which emanates from 
the perfect conscience, is the same 
as the moral law. The govern- 
ment which most nearly conforms 
to the moral law is the most per- 
fect form of government. The 
Christian theory of life is the bed- 
rock of our republic. The citizen 




Henry Clay. 



THE BIBLE. 

Henry Clay, in one of his fa- 
mous addresses, spoke of God 
and patriotism in the following' 
language. "That patriotism 
which, catching its inspirations 
from the immortal God, and 
leaving at an immeasurable 
distance all lesser, grovelling, 
personal interests and 'feelings, 
animates and prompts to deeds 
of self-sacrifice, of valor, of de- 
votion, to death itself — that is 
public virtue. That is the no- 
blest and sublimest of all pub- 
lic virtues." 

Patrick Henry, in one of his ad- 
dresses, used the following 
words. "Children, if I could 
will you the religion of the Bi- 
ble, it would make you all rich; 
but, if I could will you the 
whole world without it, you 
would still be poor." 

John Quincy Adams said: "So 
great is my veneration for the 
Bible that the earlier my chil- 
dren begin to read it the more 
confident will be my hopes that 
they will prove useful citizens 
to their country, and respecta- 
ble members of society." 

Dr. J. G. Holland wrote: 'When 
the people of France pulled 
down both God and the Church, 
and set up Reason in their 
place, all the infernal elements 
of human nature held their 
brief high carnival. That one 
brief experiment should be 
enough for a thousand worlds. 
through countless years." 



18 DIVINE GOVERNMENT. 

who is building his personal character after the model of Christ 
is constructing in its broadest and highest meaning an Ameri- 
can patriot. Mr. John Bright wrote: "I believe there is no 
permanent greatness to a nation except it be based upon 
morality. I do not care for military greatness or military 
renown. I care for the condition of the people among 
whom I live. . . . Crowns, coronets, mitres, military 
display, the pomp of war, wide colonies, and a huge empire 
are, in my view, all trifles, light as air, and not worth con- 
sidering, unless with them you can have a fair share of 
comfort, contentment, and happiness among the great body 
of the people. Palaces, baronial castles, great halls, stately 
mansions, do not make a nation. The nation in every country 
dwells in the cottage ; and unless the light of your Constitution 
can shine there, unless the beauty of your legislation and the 
excellence of your statesmanship are impressed there on the 
feelings and conditions of the people, rely upon it you have 
yet to learn the duties of government. . . . May I ask 
you, then, to believe, as I do most devoutly believe, that the 
moral law was not written for men alone in their individual 
character, but that it was written as well for nations, and 
for nations great as this of which we are citizens? If nations 
reject and deride that moral law, there is a penalty which 
will inevitably follow. . . . We have experience, we have 
beacons, we have landmarks enough. We know what the 
past has cost us, we know how much and how far we have 
wandered, but we are not left without a guide. . . . We 
have the unchangeable and eternal principles of the moral 
law to guide us, and only so far as we walk by that guidance 
can we be permanently a great nation, or our people a happy 
people." 

A Christian Nation. — It is true that this is not a Christian 
nation in the sense of any definite legal enactment by the 
people declaring it in sympathy with any established church, 
or by naming any certain creed or doctrine as its belief. But 
it is Christian in the sense that it is founded upon the 
principles taught by the Founder of all true religion. Its 



DIVINE GOVERNMENT. 19 

Constitution, laws, purpose, and policy accord with principles 
set forth by the Great Teacher. 

Besides, it has historically developed along these lines. 
The Mayflower 1 Compact recited that its colonial standard was 
"for the glory of God and for the advancement of the Christian 
faith." The Fundamental Orders of Connecticut recited that 
they were established "to maintain and preserve the liberty 
and purity of the Gospel of our Lord Jesus, which we now 
profess." The majority of our State Constitutions, together 
with the written declarations of personal rights emanating 
from the hundreds of patriotic associations and conventions 
held prior to the ordaining of the Constitution, recognized 
God, and declared that all that was done was for His glory. 
The noble patriots who led in the establishment of our gov- 
ernment never failed to ask His guidance in their efforts 
to perform the duties of any public office or trust imposed 
upon them. Washington, and all the patriots whose illus- 
trious names sanctify American history, asked God's direction 
in the conventions of independence and upon battlefields. 

Christianity is the corner-stone of our government. Its 
principles permeate every part of our national life. We have 
no established church; we make no special recognition of any 
denomination or religion; but we do recognize Christ's idea 
of the sovereignty of the soul and the freedom of individual 
conscience. All this seems to be a sufficient warrant for 
calling this country a Christian nation. Our government 
enforces no religion; it makes no religious demands; but the 
heart of the nation has recognized Christianity from the 
beginning of independence down to the present day. "Vindi- 
cating the right of individuality even in religion, and in religion 
above all, the new nation dares to set the example of accepting, 
in its relations to God, the principle first divinely ordained in 
Judea. It left the management of temporal things to the 
temporal power; but the American Constitution, in harmony 
with the people of the several States, withheld from the federal 
government the power to invade the home of reason, the citadel 



DIVINE GOVERNMENT. 



of conscience, the sanctuary of the soul ; and not from indiffer- 
ence, but that the infinite spirit of eternal truth might move in 
its freedom and purity and power." 



SUGGESTIVE QUESTIONS. 

Define divine government. 

Who is the author of government? 

Give the origin of government. 

What is the State? 

Do the principles of the American government exalt God? 

Is this necessary? Why? 

Name and explain some of the sources through which we may study Deity. 

What benefits may be derived from the study of Nature? 

What value is the Bible to the republic? 

What is the Moral Law? 

Is the United States a Christian nation? 

Name a few of the principles of civil government that harmonize with the 

principles laid down by Christ. 
What relation exists between the Church and the State? 

QUESTION FOR DEBATE. 

Resolved, That the citizen who does not believe in the existence of God 
can not be a consistent patriot of the United States government. 



CHAPTER II. 

SELF-GOVERNMENT. 

"Real glory springs from the conquest of ourselves, 
and without that the conqueror is naught but the 
veriest slave." 

The greatest battles fought and 
victories won were not witnessed 
by armies of men on the battle- 
field, nor are they recorded on the 
pages of history; but they were 
fought and won by man in his 
struggles for supremacy in self- 
control. The greatest foes we 
have to meet and conquer are 
within us, and they must be sub- 
dued by our efforts to secure this 
highest attribute of manhood. 
Every man who is disciplining 
himself and building a symmetri- 
cally developed, rounded, self- 
controlled character with creative 
power and individuality is prose- 
cuting a relentless warfare in the 
soul's world. Not every man who 
lives under a free government is 
a freeman. A person may be a 
citizen of. the United States, and, 
at the same time, a slave chained 
and oppressed by his own appe- 
tites. Liberty is allegiance to 
God and the law that enlarges 
and broadens human life. A 
country is free when its laws make 
every citizen a sovereign being 
possessing the elements of self- 




John Milton. 



John Milton, the lofty thinker 
and poet, in speaking of the 
personal freedom of man, said: 
"Real and substantial freedom 
proceeds from within and not 
from without, and depends not 
upon the terror of the sword, 
but on sobriety of conduct and 
integrity of life. Such liberty 
is the fruit of "justice, of tem- 
perance and unadulterated vir- 
tue, and can not be taken away 
by treachery or intimidation. 
Unless the horizon of the mind 
is cleared of the mist of super- 
stition which arises from ig- 
norance, you will always have 
those who will bend your necks 
to the yoke as if you were 
brutes; who will put you up 
to the highest bidder as if you 
were booty made in war. and 
will find an exuberant source 
of wealth in your ignorance 
and superstition. You. there- 
fore, who wish to be free, cease 
to be fools, and learn to be 
wise." 



22 



SELF-GOVERNMENT. 



government, and offer him a chance to do his best and to 
develop his highest possibilities. 

In God's Image. — "God created man in His own image; 
in the image of God created He him." God, in endowing man 
with a soul, gave each of His children the power of self- 
direction. If man remembers constantly that he reflects 
the image of God, it creates within hiin a higher self-respect 
and estimate of his own capacity, and it causes him to take 
a deeper interest in his work. A great man never forgets 
that he was created great, and he never loses an opportunity to 
put the largeness of his own nobility and creation into his 
daily thought and chosen work. "When I consider Thy 
heavens, the work of Thy fingers, the moon and the stars, 
which Thou hast ordained, what is man, that Thou art mindful 
of him? and the son of man, that Thou visitest him? For 
Thou hast made him a little lower than the angels, and hast 
crowned him with glory and honour. Thou madest him to 
have dominion over the works of Thy hands; Thou hast put 
all things under his feet — all sheep and oxen, yea, and the 
beasts of the field, the fowl of the air, and the fish of the sea, 
and whatsoever passeth through the paths of the seas. O, 
Lord, our Lord, how excellent is Thy name in all the earth." 

The Soul is the seat of character and the beginning of 
government. It is the supreme 
law of self-government. A great 
man and a true patriot are gov- 
erned spirits. Every great deed 
begins in the soul. Man first rules 
his spirit, and then he achieves. 
Character and patriotism can not 
be bestowed upon man, but they 
must be achieved by him through 
soul-government. A noble and 
useful life depends on the invest- 
ment of our talents. The theory 
upon which a republic is built 
takes into consideration mind- 




"He that ruleth his spirit is 
better than he that taketh a 
city." 



SELF-GOVERNMENT. 



investment and makes the right- 
eous man the natural aristocrat of 
a republic. When our forefathers 
called a court, consisting of God 
and conscience, and presented the 
nobility of man, the tyrants who 
ruled the people without their 
consent were stripped of their 
artificial authority, and human 
liberty was given an asylum in 
which to dwell. Plutocracy and 
caste vanished, and the civic 
brotherhood of man was estab- 
lished. 

The Road to Power.— The 
soul is the government's richest 
asset. Great men are made from 
the energy of the soul, and great 
governments and just laws spring 
from noble men. The road that 
leads to power runs through the 
mind, the heart, and the body of 
the child. All governmental 
leaks begin in the soul. Every 
low ideal, selfish thought, defec- 
tive judgment, and unstable will 
of the human mind is a leak. 
Every mind that is enslaved by 
the appetites, that moves in dis- 
order, and that thinks inaccurate- 
ly is an expense and a cause of 
friction in the machinery of gov- 
ernment. The making of a strong 
selfhood and an unselfish citizen 
depends upon the nature of the 
laws or concepts enacted in the 
soul, and a wise government will 




Edward Everett. 



Mr. Edward Everett, in speak- 
ing- of the soul, said: 

"What! Feed a child's body, 
and let his soul hunger; pam- 
per his limbs, and starve his 
faculties? 

"What! Plant the earth, cov- 
er a thousand hills with your 
droves of cattle, pursue the 
fish to their hiding-place in the 
sea, and spread out your wheat 
fields across the plain, in order 
to supply the wants of that 
body, which will soon be as 
poor and senseless as the poor- 
est clod, and let the pure, spir- 
itual essence within you, with 
all its glorious capacities for 
improvement, languish and 
pine? 

"What! Build factories, turn 
in rivers upon the waterwheels, 
unchain the imprisoned spirits 
of steam, to weave a garment 
for the body, and let the soul 
remain unadorned and naked? 

"What! Send out your ves- 
sels to the farthest ocean, and 
make battle with the monsters 
of the deep, in order to obtain 
the means of lighting up your 
dwellings and workshops, and 
prolonging the hours of labor 
for the meat that perisheth, 
and permit that vital spark, 
which God has kindled, which 
he has intrusted to our care 
to be fanned into a bright and 
heavenly flame — permit it. I 
say, to languish and go out?" 



24 SELF-GOVERNMENT. 

employ the economy offered through a complete training and 
development of the citizen. The dollar appropriated and used 
in the interest of a righteous citizenship is an investment that 
closes governmental leaks and increases spiritual power and 
material wealth in the government of the people. Education 
in its broadest meaning is the oculist; the soul is the eye; and 
any government that fails to employ the oculist invites blind- 
ness and ruin. "Books, schools, education, are the scaffolding, 
by the means of which God builds up the human soul." The 
bulwark of American liberty is spiritual thought. The gov- 
ernment's richest gold mine is the human mind. 

Governmental Repressiveness. — A good government 
seeks to govern less by aiding the citizen to govern himself 
more. If men would only cease to build prisons within 
themselves, governments would be less repressive, and we 
should have but little if any use for jails, penitentiaries, and 
criminal statutes. But as long as men fail to rule themselves 
we must have laws to repress crime and prisons for criminals. 
As we control ourselves and advance toward a higher civili- 
zation, public schools, colleges, universities, churches, libraries, 
and other character-making institutions will grow more 
numerous and their work will become more effective. At 
the same time saloons, jails, penitentiaries, and criminals will 
diminish in number, and much of the money that is now used 
to repress the undisciplined spirit of men will be invested for 
a symmetrical and universal education of the citizen. The 
reader must not conclude, however, that government and law 
are for the good only. They are for both good and bad men. 
If all the people who constitute the government were noble 
men, we would still need a government through which to 
administer the general welfare. 

Conscience. — The reader will observe from the illustration 
on the next page that conscience is represented in the center 
of the individual life. 

This conscience, this moral sense, if properly used, and if 
the right standard has been placed before it, defines our duty 
and becomes a compass and a guide to a noble and useful life. 



SELF-GOVERNMENT. 



25 




"Conscience is the champion 
of justice." 

"A sound conscience is a 
brazen wall of defense." 

"Happy is he who walks at- 
tended by that strong champion, 
conscience." 



"Conscience guides me; but what 
guides conscience is now the in- 
quiry. It will be seen that as the 
Ego is not a system or a principle 
but a personality, so that which 
should rule conscience must not 
be abstractions or systems, but a 
personality — God." "There is a 
God above the soul." 

Our conscience is an accurate 
register of our moral nature and 
worth. What is true with the in- 
dividual is true with the nation. 
When we weigh the aggregate 
conscience of all the people com- 
posing our nation, we determine the moral value and power 
of our government. A man without an educated moral con- 
science, a nation without a civic moral conscience, will perish. 
Make the individual life moral and strong, and you enrich 
national life. Arouse the dormant, quicken the sluggish, 
sharpen the blunted, and "resurrect" the dead conscience of the 
individual citizen, and you build character and enlarge our 
national existence. 

Conscience Our Anchor. — Conscience is our national 
anchor that holds us close to God and the right. The voice, 
"I ought," which cries aloud in the cultivated soul, is a 
national asset, and upon it rests the future perpetuity of our 
government. When the President writes his message and per- 
forms other executive duties, when Congresses and General As- 
semblies convene to enact laws, when judges render decisions, 
when jurors write verdicts, when the officer accepts the public 
trust, when the citizen casts his ballot, when the minister 
holds up the perfect life, when the teacher instructs the class, 
when the blacksmith hammers out the horseshoe, or whatever 
we do in life, however humble, each of us should hear the still, 
small voice, "I ought,'- prompting us to do our duty and give 
to our countrv a well-done work and an honest service. 



26 



SELF-GOVERNMENT. 




Horace Mann. 
Copyright by E, A. Perry, Maiden, Mass. 



Conscience and Social Prob- 
lems.— What we shall do with 
the questions that relate to capi- 
tal and labor and all other mat- 
ters that concern the welfare of 
society must be solved by a 
quickened conscience of a right- 
eous citizenship. Lowell evident- 
ly considered the voice of con- 
science a leading factor in the so- 
lution of all problems. He said: 
"Our healing is not in the storm 
nor in the whirlwind. It is not in 
monarchies nor aristocracies. But 
it will be revealed by the still, 
small voice that speaks to our con- 
science and heart, prompting us 
to wider and wiser humanity." 

Universal Peace and Con- 
science. — The champion of uni- 
versal fellowship and justice is 
the voice of the conscience that 
speaks from the hearts of the peo- 
ple of the world. Armies and 
navies will be needed in securing 
the highest civilization until, each 
government establishes its au- 
thority upon nature's law and of- 
fers its subjects an opportunity to 
develop the highest culture and 
self-control. They will be needed 
until a world's conscience pro- 
claims the establishment of personal liberty and the reign of 
peace in the individual lives of all the people of the world. The 
natural universal Peace Congress is composed of all the people 
of the earth, and its power to secure tranquillity depends upon 
the moral and intellectual wealth of each member composing 



Horace Mann, statesman, teach- 
er, and educational reformer, 
ga\e us the following' words 
concerning the music of an en- 
lightened conscience. Read 
them carefully, for they tell 
you how men fail to "behold 
the splendors of eternity." 

■'Every instance of violated 
conscience, like every broken 
string in a harp, will limit the 
compass of its music and mar 
its harmonies forever. Trem- 
ble, then, and forbear, O man! 
when thou wouldst forget the 
dignity of thy nature and the 
immortal glories of thy des- 
tiny; for if thou dost cast 
down thine eyes to look with 
complacency upon the tempter, 
or "bend thine ears to listen to 
his seductions, thou dost doom 
thyself to move forever and 
ever through inferior spheres 
of being; thou dost wound and 
dim the very organ with which 
alone thou canst behold the 
splendors of eternity." 



SELF-GOVERNMENT. 27 

it. This being true, it follows that universal peace can never 
be secured except through the development of the individual. 
Every government and law that broadens human life, every 
church and school that aids the citizen in securing an education 
and a Christian character, every philanthropist that contributes 
to the education of the child, every good book, magazine, and 
paper, and all other character-making institutions and influ- 
ences are the real arbitrators, the real Peace Congress that will 
some day lead us to a universal tranquillity and to the estab- 
lishment of a universal brotherhood. The roots of universal 
peace run deep in every human heart. 

Conscience, Political Parties and Conventions, and 
Patriotism. — The citizen who turns a traitor to his soul 
government and banishes God from his life when brought 
under the testing discipline of his own conscience is not a 
patriot. The demagogue who would steal the sacred ballot of 
the people in the name of patriotism should understand that he 
is neither more nor less than a thief who seeks to destroy the 
foundation of our civil fabric. The political trickster who pays 
no tribute to individual and national conscience and to the 
expressed wishes of the people when he manipulates political 
parties, conventions, and committees, is a perpetual menace to 
our body politic. He is neither a patriot nor, in its 'broadest 
meaning, an American. The greatest danger that threatens 
our republic is a double standard of conduct in private and in 
public life. 

Our Civic Image. — What manner of government is our 
republic? At a time when the people were oppressed by 
unjust laws and were not allowed to exercise their natural 
rights, the nature of man taught them that: "All men are 
created equal; that they are endowed by their Creator with 
certain inalienable rights; that among these are life, liberty, 
and the pursuit of happiness; that, to secure these rights, 
governments are instituted among men, deriving their just 
powers from the consent of the governed; that whenever any 
form of government becomes destructive of these ends, it is 



SELF-GOVERNMENT. 



S^SSS?^ 




the right of the people to alter or to abolish it, and to institute 
a new government, laying its foundation on such principles, 
and organizing its powers in such form as to them shall seem 
most likely to effect their safety and happiness." Following 
this guiding principle, our fathers ordained the Constitution 

of the United States in the name 
of the people. They rightfully de- 
cided that the laws which op- 
pressed and enslaved them were 
not from God and were not in- 
tended for freemen. They exalt- 
ed the nobility of each citizen by 
demanding a government based 
upon the laws of nature and the 
abolition of unjust laws arising 
out of the desires of a self-enslav- 
ed king. They resolved in their 
hearts, they enacted laws in their 
lives, and the American Constitu- 
tion was born. In writing the 
Constitution, the supreme law of 
the land which was to govern the 
people, they gave us the plan of 
a government found in the human 
soul, for we have in the individ- 
ual a picture of the American 
government. It now seems that 
man was made in the image of 
God, and our government in the 
image of man. 

Three Departments of Soul Government.— God made 
man a sovereign and created a republic when he ordered a 
soul to enter and to reign in the human body. The beginning 
of our republic is in the nature of man. In fact, the soul is 
a republic with a law-making, a law-enforcing, and a law- 
interpreting power. We find in it a reflection of the three 



MANS STATUTES 




We give this psychological 

analysis of self-government in 
order to simplify the study 
of civics and give the citi- 
zen a setting in our national 
life. In giving this analysis 
the author realizes that each 
faculty of the mind is an in- 
separable part of a whole, and 
that a concept, or law of life, 
is made by the combined facul- 
ties of the soul. It takes all 
of the faculties of one mind 
to make one man. 



SELF-GOVERNMENT. 29 

departments of our civil government. We give and explain 
below these three divisions of soul government: 

1. Conception, The Law-making; 

2. Will, The Law-enforcing; 

3. Reason, The Law-interpreting. 

Conception, or the Law-making Department — Ideas, 
notions, opinions, images, beliefs, and other sources of law 
and life have their origin in conception, or the law-introducing 
power of the mind. It is here we find the beginning of an 
impression, the forming of an opinion, the making of an 
observation, the working out of a plan, and the reaching of 
a rational belief. It is here we find the beginning of all 
mental and civil laws. The active principle in the soul, exert- 
ing its faculties to the utmost stretch, offers numberless 
opportunities to build the soul and live a life richly laden 
with original investigation and thought. Conception, the 
congress of the mind, gathers its information from millions of 
sensations that offer suggestions in the making of grand and 
original ideas. These sensations are submitted to other facul- 
ties of the mind for their action and consideration. The laws 
of our lives are transcripts of the world, and our civil laws 
are transcripts of our lives. Americanism demands that each 
of us be a good law-maker in the congress of the soul. 

Will, or the Law-executing Department.,— Conception 
is the solicitor for the will, and submits its work, to the execu- 
tive for his action. The will is the executive of the mind and 
has the power to accept or reject the conclusions reached by 
the reason and the concepts formed in conception and to veto 
the action taken. 

"The star of the unconquered will, 
He rises in my breast, 
Serene, and resolute, and still, 
And calm and self-possessed." 

Reason, or the Law-interpreting Department.— Reason 

looks over the products of the soul and determines the just 
grounds and authority for an action taken. It looks at the 
motive and weighs the action. It sets forth arguments in its 



30 SELF-GOVERNMENT. 

support or for its repeal from the statute-book of that individ- 
ual life. 

"Within the brain's small secret cells, 
A certain lord chief justice dwells, 
A sovereign power, whom one and all 
With common voice we Reason caH." 

Man's Statutes. — Every man is ceaselessly writing a book 
of statutes of some nature. Each of us will close the last 
chapter and write the last laAV when the soul flies away from 
its capitol of flesh, blood, and bone — the seat of its government. 
This book of statutes, the archives of a soul government, is not 
locked away in iron vaults, but it is Avritten on the tablets of 
human hearts and reflected in the civil laws of our country. 
Individuality should be written upon every page of our book 
of statutes; our personality should speak in the laws of the land. 



SUGGESTIVE QUESTIONS 

Why should we try to secure supremacy of self-control? 

What is the difference between self-control and patriotism? 

Define liberty. 

Define freedom. 

Can freedom be bestowed upon us? 

What is the supreme law of self-government? 

What is your State's greatest asset? 

Has this asset been properl3 r invested? 

Why is it important to remember the nobility of our creation? 

What estimate do you put upon the value of one soul to a republic? 

Where does every great deed and government begin? Explain. 

Where is the beginning of all friction In our government? 

Why is it necessary to have a repressive government? 

What is the value of education to a republic? 

What is the value of a civic conscience? 

What would you consider the bulwark of American liberty? 

What must be accomplished before universal peace can reign in the world? 

What is said about our civic image? 

Name the three divisions of soul government, and tell about each. 

How do mental laws affect the making of civil laws? 

Where do civil laws begin? 

What should man's statutes contain? 

QUESTION FOR DEBATE. 

Resolved, That the dangers that threaten our republic come from within 
and not from without. 



CHAPTER III. 

FUNDAMENTAL ELEMENTS OF A LOFTY CHARACTER, AND GOOD 
CITIZENSHIP.— THE LAWS, OR CONCEPTS, OF LIFE. 

"God makes capacity; man makes a character. You can not dream 
yourself into a character;' you must forge one." 

We have seen that man has within himself a complete 
government, and that he alone is responsible for its proper 
administration. Sovereign man is the people, standing com- 
mittee, lobbyist, congress, president, and judiciary of his 
soul-government, and he is unlimited and unrestricted in his 
power to make laws for self-discipline. The man who makes 
and executes laws for the proper government of self will 
succeed and be an honored citizen and a blessing to his 
country. The man who makes bad laws for the government 
of self lives in anarchy and is certain to fail in his work and 
close his life in a tragedy. In this chapter are given the 
leading elements in the character of one of the greatest men 
known in American history. General Eobert E. Lee observed 
such rules for his conduct as would develop the whole man 
and make him a useful citizen. He had 



1. 


Will, 


9. 


Knowledge and Wisdom, 


2. 


Lofty Ideals, 


10. 


Enthusiasm, 


3. 


Humility, 


11. 


Industry, 


4. 


Love, 


12. 


Honesty, 


5. 


Hope, 


13. 


Unselfishness, 


6. 


Faith. 


14. 


Common Sense, 


7. 


Sympathy, 


15. 


Originality, 


8. 


Purpose, 


16. 


Sound Body, and the 



17. Conscience 
of a Christian statesman and patriot 

Will. — A man of strong character has a deep conviction 
and an invincible determination to accomplish some noble 
work in life. Indecision belongs to faint hearts, to little men, 
and not to resolute, determined men who live and work with a 
purpose. The aimless and shiftless life that has no direction 



32 FUNDAMENTAL ELEMENTS OF A LOFTY CHARACTER, ETC. 

to it can never command the respect of a people or accomplish 
an important achievement. Men have spent years in trying 
to decide what could have been done in one year. We should 
cultivate the power of decision and concentration in whatever 
we attempt to do. 

Lofty Ideals,— A lofty ideal travels ahead of a successful 
life. Growth and construction are seen following in its track, 
Ko man ever gained nobility of character and success in 
achievement except by an earnest effort to reach his ideal. 
If the ideal of the individual is low or base, the character will 
be weak and unreliable. Your future life depends largely 
npon your present ideal. Let us hope that your ideal is a 
symmetrically developed citizen, an honor to God and your 
country. A government without an ideal will perish. A 
good government builds for eternity. It tries to reach a more 
perfect life and love. America's ideal is a country with a 
completed representative democracy, composed of citizens large 
enough and patriotic enough to control themselves and vote for 
the welfare of all the people. 

Humility. — The soul must be a receptive, teachable spirit 
before it can receive and grow. A self-sufficient egotist is 
not likely to know the truth. The spirit of meekness must 
characterize every great work. Great men are poor in spirit; 
small men are usually conceited bigots. 

"Blessed are the poor in spirit." 

Love. — Love is that deep affection of the heart that makes 
our lives unselfish. It leads us into humility, sympathy, faith, 
and to the planning and executing of a holy work. This 
irresistible passion of the heart is the salt of individual char- 
acter. It is the sunshine, inspiration, and glory of man. The 
roots of all noble impulses and achievements run deep in the 
fountains of eternal love. "Love is our highest word, and the 
synonym of God. Every promise of the soul has innumerable 
fulfillments; each of its joys ripens into a new want." 

Hope. — The healthy, growing life emanates from a soul 
that has in it a restlessness and "divine discontent" with its 



FUNDAMENTAL ELEMENTS OF A LOFTY CHARACTER, ETC. 33 

own condition and progress. Without hope to get ahead and 
show the soul new pictures, life would become routine and 
a drudgery. No element that goes into the making of man 
offers more encouragement than hope. 

Faith.— The man without faith in God is dead at heart 
and without the first element of wisdom. We should not only 
have faith in God, but should have faith in ourselves, for we 
haA'e soul-powers that are irresistible and capable of handling 
large things. No man has impressed his life upon the world 
and accomplished a creditable undertaking unless he believed 
in himself and had confidence in his own ability. Faith 
inspires confidence and turns mountains into mole-hills. It 
requires faith to do well any task we undertake. It takes 
faith to be a good marble-player, marksman, woodchopper, 
teacher, preacher, lawyer, doctor, farmer, etc., and the man 
without it is already doomed to failure. Faith will direct the 
course of the marble, sink the axe deeper, steady the gun, 
drive the lesson into the soul of the class, send the sermon 
to the heart of the congregation, convince the jury, cheer the 
sick, and make better farmers and farms. How often have 
we had that delightful, exhilarating, uplifting feeling — the 
result of a confidence of soul. This knowledge told us that 
we would not fail in a certain work we were doing. We 
need faith behind governments, sermons, lessons, and all 
things. 

Sympathy. — Sympathy comes from love, which is the 
fountain of the righteous life. There is no element of 
Character that offers more comfort and encouragement than 
sympathy. It makes it possible for us to hear the beat of the 
great human heart and to come in direct communication with 
the toiling masses of the world. A co-operative and sympa- 
thetic spirit should characterize all of our labor. 

Purpose. — A great mind is coupled to a great purpose. A 
shiftless and unstable life is always unreliable and without 
character, attainment, or success. The world admires the man 
who has conviction and purpose. It will help him to develop 
a strong individuality and reach his ideal. Boys and girls 



THOUGHT. 

Herbert Spencer said: "To the» 
mass of people nothing is so 
costly as thought. The fact 
that, taking the world over, 
ninety-nine people out of a 
hundred accept the creed to 
which they were born, exem- 
plifies their mental attitude to- 
wards things at large. Nearly 
all of them pursue mechani- 
cally the routine to which they 
have been accustomed, and are 
not only blind to its defects, 
but will not recognize them as 
defects when they are pointed 
out." 



34 FUNDAMENTAL ELEMENTS OF A LOFTY CHARACTER, ETC. 

should resolve to secure a good education, and, as soon as they 
are old enough and have sufficient knowledge, they should 
choose an honorable life's work. 

''Life is an arrow, therefore you must know 
What mark to aim at, how to bend the bow, 
Then draw it to its head, and let it go." 

Knowledge and Wisdom.— 

The man who has developed his 
spirit under the guidance of God 
and has made himself a sym- 
metrical life that is capable of 
thought and the execution of 
thought, has knowledge and wis- 
dom. An educated mind, giving 
orders in the world of self, and 
then, wuth its own God- given pow- 
er, executing with dispatch its 
own plans and commands, is 
the grandest experience of man. Thinking and doing go 
together and characterize great lives; but these can come only 
by rigid discipline of self, for which time is required to give 
the soul its natural power and growth. 

"Happy is the man that findeth wisdom, 
And the man that getteth understanding; 

For the merchandise of it is better than the merchandise of silver, 
And the gain thereof, than fine gold. 
She is more precious than rubies; 
And all things I can desire 
Are not to ' be compared unto her." 

Enthusiasm.— Enthusiasm is the fire that blazes in every 
successful life. Energy is the very law of our being, and 
enthusiasm is the expression of an energizing, feeling, observ- 
ing, and working self. It is the most contagious element 
of character. Some one has said: "All things being equal, 
the degree of enthusiasm in every man is an accurate measure- 
ment of the aggressive and conquering power of the human 
soul." Enthusiasm does not ask for attention ; it has attention. 
It not only sends truth in the direction of the individual 



FUNDAMENTAL ELEMENTS OF A LOFTY CHARACTER, ETC. 35 

conscience, but it drives it into the conscience. It not only 
convicts, but it converts. Enthusiasm coupled with truth 
makes a whole workman in the building of character. 

Industry. — Work is the law of God, and idleness is sinful. 
There is the same close connection between industry and 
virtue as there is between idleness and vice. An industrious 
people are virtuous, and in every country the unemployed 
are the most dangerous class. Industry employs time ration- 
ally, and thus it lessens both the temptation and the opportunity 
to commit vices common to idleness. Indeed, industry is the 
law of development and progress, and there is little acquisition 
of knowledge or expansion of intellectual and moral powers of 
the soul without it. 

"Go to the ant, thou sluggard, consider her ways and be wise, 
Which, having no guide, overseer, or ruler provideth her meat in 
the summer and gathereth her food in the harvest." 

Honesty. — A man who has good health and is honest, has 
capital. The world is looking for honest men who have given 
themselves a good education and feel the responsibility 'of 
life. We should be intensely honest in all we do, and should 
remember that our conduct in the management of the little 
details and small questions, as well as the larger ones, con- 
nected with life will determine what we shall be in the 
future. Indeed, the young man who has made the reputation 
of being intensely honest has a good capital with which to 
begin life, even if he does not have a dollar. We can make 
no better business investment than to be honest in all our 
dealings; but, of course, a man should be honest because it 
is right, for he owes it to his God, himself, and his country. 
The lives of all great men have been characterized by honesty. 

"This above all — to thine own self be true; 
And it shall follow, as the night the day, 
Thou canst not then be false to any man." 

— Shakespeare. 

Unselfishness. — Selfish men are likely to be influenced by 
evil and debasing influences. Selfishness often prevents men 
from learning the truth and from accepting great principles. It 



36 FUNDAMENTAL ELEMENTS OF A LOFTY CHARACTER, ETC. 

often leads to injustice, falsehoods, and — when intense — to 
persecution. Opinions founded upon prejudice, whether relig- 
ious or political, are only sustained by the greatest intoler- 
ance. This is the origin of sectarian ambition and strife, which 
"gathereth men into separate hostile bands" in the Church 
and State, each around his own banner. The bloodhounds of 
passion are often turned loose, and every kind feeling is 
exterminated. Every principle of the religion of heaven is 
flagrantly violated, and men, while professing goodness, show 
themselves by their temper and conduct to be the slaves of 
passion. 

Selfishness impairs the mental faculties, injures the under- 
standing, perverts the judgment, and thus prevents us from 
seeing men, things, and questions just as they are. It is our 
duty to give expansion and liberality to national life by 
broadening our individual lives. We should strive to live 
out of self, and have a heart large enough to contain others 
besides ourselves. Unselfishness is one of the noblest traits of 
character. 

Common Sense. — Common sense, or tact, is a grand ele- 
ment of character. God gave man a mind, and He expected 
him to use it in studying mind as well as other problems. Xo 
one can hope to be a successful professional or business man 
unless he is a student of human nature. Thousands of men 
are failing for the want of tact, practical sense, and wisdom. 
Too many men have the power to give a theoretical solution 
of a proposition, but lack the power to make a practical 
application of their own theories. They are often designated 
"impractical," "peculiar," "incompetent," because they have 
not studied men and the every-day questions of life, and are 
wanting common sense. The man who knows where the 
handle is that will move a thing is fortunate, and the man 
who is able to take hold of the handle that will move the 
people is not likely to fail in any enterprise he undertakes. 
No man can locate this handle unless he is a faithful student 
of human nature. 



FUNDAMENTAL ELEMENTS OF A LOFTY CHARACTER, ETC. 37 




Mr. Emerson. 



Originality. — Imitators have 
fictitious lives, and are mere me- 
chanical talking-machines, speak- 
ing like a phonograph the 
thoughts, the words, the ideas of 
another. Poems must be written, 
great lessons taught, searching 
sermons preached, and other great 
achievements accomplished by the 
exercise of the faculties of the 
mind, and man only has the power 
to operate his own faculties. It 
is the soul behind the poem, les- 
son, sermon, enterprise, govern- 
ment, that makes them great. The 
world is full of people who are 
trying to be somebody else than 
themselves. The great man who 
we are to be is in us; he is our 
nature, our real self, and not an 
artificial self. Trying to be like 
Henry Clay will not make us ora- 
tors. If we expect to be an orator, 
he must be brought out of our- 
selves, and he will have his own 
personality, and this personality 
will not be Clay's personality or 
the personality of any other man 
dead or alive. Utilizing complete- 
ly the mind with it® creative re- 
sources, and being one's own self 
constitute greatness. Some one 
has said : "What the superior man 
seeks is in himself ; what the small man seeks is in others/' The 
future of our government depends upon a multiplicity of self- 
hoods with distinct individualities and a supremacy in indi- 
vidual thought. 



Mr. Emerson, the eminent au- 
thor whose writing has done 
so much for the edification cf 
man, gave us the following 
lines: 

"Let us affront and repri- 
mand the smooth mediocrity 
and squalid contentment of the 
times, and hurl in the face of 
custom and trade and office 
the fact which is the upshot of 
all history that there is a great 
responsible Thinker and Actor 
moving wherever moves a man; 
that a true man belongs to no 
other time or place, but is the 
center of things. Where he is, 
there is nature. He measures 
you and all men and all 
events. You are constrained to 
accept his standard. Ordinar- 
ily everybod?/ in society re- 
minds us of somewhat else or 
of some other person. Char- 
acter, reality, reminds you of 
nothing else. It takes place on 
the whole creation. The man 
must be so much that he must 
make all circumstances indiffer- 
ent — put all means into the 
shade. This all great men are 
and do. ' 



38 FUNDAMENTAL ELEMENTS OF A LOFTY CHARACTER, ETC. 

Sound Body. — There is a spirit in every human body, 
and it is our duty to keep its home in a healthy condition, 
for if this is not done, its work will be obstructed and its 
capacity lessened by a malarial condition which will exist in 
the souPs house. Violations of Nature's physical laws will 
bring disease and pain to our bodies and obstruct the work of 
the soul. True education is the development of the intellect- 
ual, spiritual, and physical powers of man. We should observe 
such hygienic and physiological laws as will give us good 
health. Carlisle, in addressing a body of students, said: 
"Finally, I have one advice, which is of very great importance, 
You are to consider that health is a thing to be attended to 
continually and is the very highest of temporal things. There 
is no kind of achievement equal to it. What to it are nuggets 
of millions?" 

Conscience. — Enacting good soul-laws educates the con- 
science and cultivates the mind. Every stroke made by the 
human mind in constructing its character is one stroke in 
the building of its conscience. Every noble effort sharpens 
the conscience and intensifies life, but every self-indulgent act 
dulls the conscience and deadens the impulse of the soul. 



SUGGESTIVE QUESTIONS. 

Is man limited by man in his power to make laws for the government of 

• self? 
What must be done and how long does it take to invest a soul? 
Name and explain each of the attributes of a noble manhood, 

QUESTION FOR DEBATE. 

Resolved, That the perpetuity of an absolute monarchy depends upon 
an ignorant citizenship. 



The American Republic was buil« upon the idea of a universal human expres* 
sion. Christian character is the energy that expresses an unadulterated American 
patriotism. Gen. Robert E. Lee exalted his government and added to its statue, 
bj making out of his spirit one of the most perfect characters known in American 
History. The guide that pointed the way for him was a conscience that heard 
and obeyed a voice from Eternity. 




CHRISTIAN , PATRIOT, STATESMAN 



CHAPTER IV. 

HUMAN AND CIVIC GROWTHS. THE USE OF TALENTS. 

Growth. — Human growth is an organic energy. This 
energy is nature, and it manifests itself in different ways. 
The soul contains the divine seed that will produce in us and 
our government the image of our Creator, provided there has 
been a fulfillment of those habits upon which human growth 
is conditioned. Some idea about how growth may be stimu- 
lated or stunted and impaired is given in this book, but the 
process of growth itself is recognized as beyond the control 
and comprehension of man. The most we can do is to cultivate 
the soil containing the seed of a divine image, but we cannot, 
through an act of the human will or by a creation of a human 
idea, force growth. We must simply let the divine seed 
germinate and the image of the perfect life grow in us. We 
may condition growth upon laws of life enacted in the mind, 
but we can not add one cubit to our stature. Growth is the 
work of nature. It is no business of ours. The wise man, 
therefore, concerns himself about giving his mind the en- 
vironment necessary to growth, and he loses no energy in 
ascertaining whether he is growing. We can not force rain 
in the domain of the mind, but we may receive the shower. 
"The wind bloweth where it listeth, and thou hearest the sound 
thereof, but canst not tell whence it cometh, or whither it 
goeth; so is such a one that is born of the Spirit." Freedom 
and patriotism depend upon the hearing of the eternal winds. 
Every spiritual windstorm that sweeps through the human 
soul adds to our civic stature. If our republic is a Christian 
organism, the highest patriotism is not a manufactured com 
duct specifically made to order after man's copy, but it is a 
life that abides in the Great Teacher. It is a patriotism whose 
functions resist death and whose work invests talents. 

The Governed and the Ungoverned Spirit. — One man 
enacts good laws for the government of self and abides 
in a stately character, while another of equal opportunity and 



HUMAN AND CIVIC GROWTHS. THE USE OF TALENTS. 41 

native ability lives a vacillating, aimless life in a dingy hovel. 
One enjoys soul tranquillity, while the other dwells in ruins, 
confusion, and anarchy. On the battlefields in the soul's 
world there is a victor over self who is receiving the benediction 
of his God and the approval of his conscience, or there is a 
deserter from the ranks of self-discipline who is receiving con- 
demnation due an unrighteous and misspent life. Which are 
you? 

"Salute thyself, see what thy soul doth wear; 
Dare to look at thy chest, for 'tis thine own." 

General George Washington. — The greatest achievements 
of General George Washington occurred in the perpetual 
congresses of his soul assembled behind the curtains of 
his gigantic presence, where God and he were alone. When we 
study the laws and lives of our great men, and turn to the pages 
of political history, we find that what they gave their country 
was in their inner lives. Washington gave to his country a 
great work because he was a great soul. "Great men stand like 
solitary towers in the city of God, and secret passages running- 
deep beneath external nature give their thoughts intercourse 
with higher intelligencies, which strengthens and consoles 
them, and of which the laborers on the surface do not even 
dream." The grandest sight we can ever hope to witness on 
earth is to see a man by the exercise and use of his powers 
enacting concepts in his soul — each one a stroke, a consecrated 
effort, in the making of a righteous life. 

The Ungoverned Spirit. — The picture of the dissipated 
character on page 43 was taken from an actual photo- 
graph of a man who is at this time a citizen of the American 
republic. His life is an uncontrolled, misguided energy, con- 
stituting a part of the organism of the republic to which we 
belong. Government detectives are on his tracks and he is 
a fugitive running from justice, because he violated the higher 
law of his being and the civil law of his country. The eternal 
God endowed this man with the material and the implements 



PATRIOTISM. 




ANARCHY. 



GOD GAVE HIM A SOU 


L AND A FREE GOVERNMENT 


. HE EN- 


ACTED BAD LAWS FOR T 


HE GOVERNMENT OF SELF. 1 


IE DWELT 


IN A HOVEL, AND LIVED 


AMID MORAL, INTELLECTUAL, 


PHYSICAL 


AND MATERIAL RUIN. 






HE GAVE TO 


HIS COUNTRY A CASTAWAY. 






THE UNGOVERNED SPIRIT 



44 HUMAN AND CIVIC GROWTHS. THE USE OF TALENTS. 

necessary to make a useful citizen, but he neglected the voice 
of conscience and instead of producing a freeman to rule his 
being, and a patriot to rule his country, he crowned a slave, 
imprisoned behind the bars of a compromised soul. He was 
born with a perfect body, with a line mind, and had every 
opportunity, but he is now closing his sad career in a tragedy 
that is being played behind the curtains of his soul. He has 
slain purity, honor, ideals, and other attributes of noble man- 
hood and patriotism. But the voice of conscience still 
whispers to him and tells him of his condition. It admonishes 
him to abolish the book of laws he has enacted and to 
substitute good ones, and thereby 
bring order, light, and govern- 
ment out of chaos, darkness, and 
anarchy. The nobility of his crea- 
tion rises before him, and he re- 
members that he was made in the 
likeness of God that he might be 
a man. But, alas, he has become 
a castaway — a wandering, ungov- 
erned spirit. What is more pa- 
thetic than to see a person with a 
bright mind and great natural 
ability living a wasted life? The 
saddest sight that can come under 
human observation is to see a man 



THE ILLUSTRATIONS. 

There are inspiring and 
pathetic stories told by the 
different illustrations in this 
book, and they should appeal 
to every citizen who desires to 
be of service to his land and 
time. They are biographies of 
souls. Every time one under- 
stands the power of the life of 
one great man, he must neces- 
sarily think of the wisdom of 
our fathers in building the 
American government on hu- 
man expression; and, every 
time one understands the mis- 
chief that can be wrought by 
one uncontrolled spirit, if pa- 
triotic, he will cry aloud that 
Americanism demands of every 
person that he invest his tal- 
ents and do what he can to aid 
others in securing self-con- 
trol. — The Author. 



when his head is gray and his step uncertain, trying to liberate 
himself from habits that enslave, and making a desperate effort 
to turn a wasted life to some account, while the nightmare of 
an unrighteous soul holds him down. 

Character.— Character is the salt of national life. It is 
the balance-wheel, the ballast that gives bearing, force, and 
power to our civic institutions. The perpetuity, prosperity, 
and greatness of this country depend not only upon acres of 
land with its mountains and hills bursting with mineral 
wealth, its lakes and rivers and ocean coast, its revenues and 



HUMAN AND CIVIC GROWTHS. THE USE OF TALENTS. 45 



rich 
beautiful 



treasures, its 



erreat cities, 



public buildings and 




strong fortifications, and its edu- 
cational institutions and churches, 
but also upon the culture, enlight- 
enment, and character of the citi- 
zens composing the government. 
A noble man has stood behind 
every great achievement, whether 
it was the preaching of a sermon, 
the writing of a poem, or a com- 
mercial or an educational enter- 
prise. A noble and patriotic peo- 
ple with character must stand be- 
hind a good government. 

The Evolution of Character 
and Patriotism.— A rounded 
character is not an instantaneous 
product, but it is the result of a 
growth arising from a persistent 
and systematic exercise and a con- 
scientious investment of our tal- 
ents. A noble man is made 
through the evolution of soul. His 
greatness and his patriotism de- 
pend upon what he is doing in the 
"eternal now." What we are now 
is the result of what we were and 
what we have thought and done. 
What we shall be the next moment depends upon our present 
capacity and what wei do in the present moment. We can not 
take a part of the time allotted to us to live on earth in which 
to complete the building of our personal characters. This work 
begins with God and enters eternity. 

The Law the Same in All of Our Lives.— The laws of 
life that make a man great in one thing will make him 
great in another. The same laws that made Washington a 



President Harrison gives the val- 
ue of spiritual thought in the 
following words: 

"Have we not learned that 
not stocks nor bonds nor state- 
ly houses nor lands nor the 
product of the mill is our coun- 
try? It is a spiritual thought 
that is in our minds. It is the 
flag and what it stands for. 
It is its glorious history. It is 
the fireside and the home. It 
is the high thoughts that are 
in the heart, born of the in- 
spiration which comes by the 
stories of their fathers, the 
martyrs to liberty; it is the 
graveyards into which our 
careful country has gathered 
the unconscious dust of those 
who have died. Here, in these 
things is that which we love 
and call our country, rather 
than in anything that can be 
touched or handled." 



46 



HUMAN AND CIVIC GROWTHS. THE USE OF TALENTS, 



great general, statesman, and President, will make a great 
merchant, farmer, mechanic, doctor, teacher, or minister. 
There is but one fundamental principle and plan upon which 
human character is built and success achieved. 

Unseen Giants. — A countless number of men with the 
elements of greatness in them have lived and died without 
realizing that a giant slumbered in their souls. They pos- 
sessed the elements of greatness, but they died without 
knowing it. The earth is dotted with graves marking the 
last .resting-place of thousands of men who never knew they 
were really created great. Myriads are living to-day amid mate- 
rial, educational, intellectual, and moral ruins, because the real 
self has never been discovered and used. The greatest work 
that we can do is to touch human life and strengthen citizen- 
ship by opening the door of the soul, by arousing the latent 
and hidden faculties, and by asking a man to step forth that 
he may see himself and understand his own possibilities and 
powers. The work of arousing men to noble action and inspir- 
ing life with higher aim and purpose, is the greatest that men 
can undertake. 

J. G. Holland wrote : 

"God give us men! A time like this demands 
Strong minds, great hearts, true faith, and ready hands; 
Men whom the lust of office does not kill; 
Men whom the spoils of office can not buy; 
Men who possess opinions and a will; 
Men who have honor, — men who will not lie; 
Men who can stand before a demagogue, 
And brand his treacherous flatteries without winking! 
Tall men, sun-crowned, who live above the fog 
In public duty and in private thinking; 
For while the rabble, with their thumb-worn creeds, 
Their large professions and their little deeds, — 
Mingle in selfish strife, lo! Freedom weeps, 
Wrong rules the land, and waiting Justice sleeps!" 

Opportunities. — The child born in America enters upon 
his career in life with an inheritance of richest opportunities 
to become a noble and useful citizen. The child of no other 
nation has so promising a beginning. The baby of the hum- 
blest American peasant is a ruler born in a free government, 




THE UNSEEN GIANT. 



48 HUMAN AND CIVIC GROWTHS. THE USE OF TALENTS. 

and lie begins life in a country that declares by its policy, its- 
history, and its Constitution that he has the divine right to 
raise himself through his soul and the people from the peasant's 
hut to the President's chair, to the legislative halls, to the 
judicial bench, or to any office, however high or low, within the 
gift of the people. He is born under a government that holds 
up ahead of him on the road of life such opportunities as will 
lead to the highest culture. 

When the child opens his eyes in America he beholds a 
land dotted with churches, a public school at his door that 
is as free as the government, colleges, normal schools, univer- 
sities, and other institutions offering him a liberal education 
at a nominal cost. His eyes behold a land rich in material 
resources, capable of sustaining two billions of people, with 
a population of only seventy-six millions. Undeveloped mines, 
unbuilt railroads, cities yet to be 'founded, schools to be 
established, badly cultivated farms, and thousands of other 
opportunities in the scientific, educational, business, religious, 
and social world await the coming of the earnest and qualified 
boy and girl. No other government, no other land, no other 
people, offer so many opportunities to its members. The son 
of an American peasant is born richer than the heir to a 
king's throne. 

The Hon. John G. Ingalls, in writing of opportunity, gave 
us the following beautiful lines: 

"Master of human destinies am I; 
Fame, love, and fortune on my footsteps wait. 
Cities and fields I walk; I penetrate 
Deserts and seas remote, and passing by 
Hovel and mart and palace, soon or late, 
I knock unbidden once at every gate; 
If sleeping, wake; if feasting, rise before 
I turn away. It is the hour of fate, 
And those who follow me reach every state 
Mortals desire, and conquer every foe 
Save death; but those who doubt or hesitate, 
Seek me in vain and uselessly implore — ■ 
I answer not, and i return no more." 



HUMAN AND CIVIC GROWTHS. THE USE OF TALENTS. 49 



SUGGESTIVE QUESTIONS. 

Give the process of human and civic growth? 

What is said about a governed and an ungoverned spirit? 

If character values register ten, what would be the registering point of 
commercial values? 

What made such a difference between the life of Washington and that of 
the castaway? 

What is your estimate of the value of Washington's life to the world? 

Has the castaway been an expense to the government? Explain. 

Has character an intrinsic value? 

What is one good citizen worth to a neighborhood? 

What is the present worth of the real estate in your county? 

What would it be worth if every citizen had the power of self-control and 
emulated the life of Christ? 

What would it be worth if every citizen were as noble and unselfish as, 
Washington, Lincoln, Lee, Jefferson, or McKinley? 

What would it be worth if every character were like the ungoverned spirit? 

Would you remain in your county, if every citizen were like the ungov- 
erned spirit, the castaway whose picture appears in this chapter? 

Is it the duty of the government to employ the means necessary to arouse 
the latent powers of the boys and girls who have not discovered 
themselves? 

What is said in this chapter concerning the evolution of character, and patri- 
otism? 

What is said in this chapter concerning unseen giants? 

What opportunities are enjoyed by the American citizen? 

QUESTION FOR DEBATE. 

Resolved, That the ungoverned spirit mentioned in this chapter is not a 
patriot, even while in this state of life, if he should sacrifice his life on the 
battlefield in the defense of his government. 



CHAPTER V. 



PATRIOTISM. 



"There is a patriotism of peace as well as of war." — Governor Folk. 

Patriotism. — The roots of pure, undefiled patriotism run 
deep in the laws of mind. Patriotism is not an outward 
manifestation but an inward principle planted by God and 
cultivated by man in the human breast. It is not a mere 
hollow voice that recites patriotic words, but a principle that 
can speak no other language but love. It is not a miniature 
flag in the vest pocket of some demagogue to be used upon 
public occasions in securing votes, but it is a character forged 
in the human soul. It is a faithfully, honestly, and well-used 
self in the pulpit, school room, editor's chair, doctor's office, 
lawyer's office, public office, blacksmith's shop, etc., and it 
makes better ministers and sermons, teachers and schools, 
editors and editorials, doctors and practice, lawyers and 
pleadings, public officers and service, blacksmiths and horse- 
shoes and workmanship. What is true with these is true with 
all other callings in life. Every man owes his country a 
patriot and a well-done, legitimate work. 

Patriotic Farming. — You can usually tell how much the 
farmer loves his coun- 
try by looking at his 
farm. If the weeds are 
taking his crop, his 
fences down, the gates 
off the hinges, his stock 
unkept, the wheat rot- 
ting in the field, the fleas 
and hogs in the barn, 
his land wasting away 
and giving no evidence 
of having been used by 

a thoughtful, practical A Model Farm. 

farmer, and he is in town three or four davs in each week loaf- 




APART OF THE ORGANISM 01 
SOME OF THE RESULTS OF FOLLOWING THEl 





m 



mm 




M GIVE ABOVE PICTURES OFAPARTOF THE ANERI 

u 




THE PROFESSIONAL OFFICE SEEKER 

WHO STOLE THE SACRED BALLOT 

OF THE PEOPLE W ORDER TO 

SECURE APUBLIG OFFICE. 



•THE FLOATER, WHO SOLD 
HIS SACRED RIGHT TO 
VOTE FOR A DEBAUCH. 



THE UPWARD AND DOW! 

All human character is the resultant of forces working in us. There is an energy in our nature that pul 
evil by yielding to the downward pull. I hear these two contestants in my nature now; and ore says look upwa 
Indeed, there is a life and death line in our being and in our republic. On one side of this line is life, patriotism 
semi-Americans, and anarchists. The true American yields to the upward energy of the soul. The semi-Ame 
strikes an average between the two pulls of his soul. His life balances somewhere between self-control and se 
ward energy. Yielding to the upward energy of the soul makes civic benefactors, and yielding to the downwai 



HE AMERICAN GOVERNMENT. 

JLL OF THE DOWNWARD ENERGY OF THE SOUL. 










GOVERNMENT, TAKEN FROM ACTUAL PHOIOGMPHS 




•THE RICH CORRUPTIONIST, 
WHO MUDDIES THE FOUNTAINS OF 
JUSTICE BYBUYING LEGISLATION 
FOR SELFISH PURPOSES. 



•THE GRAFTER WHO DRAWS 

FOR PERSONAL PROFITON 

THE PUBLIC OFFICE HE HOLDS. 



D ENERGY OF THE SOUL. 

p, and there is an energy that pulls us down. Our life is made noble by yielding to the upward, and it is madi 
be an American, the other look downward and be an anarchist. The patriot looks up, the anarchist looks down 
free government; and on the other is death, anarchy, and despotism. Our government is composed of Americans 
ravels on both sides of the life and death line. His life is a series of ups and downs. He divides his time am 
ructioii, between ideal democracy and despotism. Anarchy is the sin that results from yielding to the down 
gy creates civic parasites in the great and interesting spirit world of a republic. 



56 PATRIOTISM. 

ino- on the street and talking about hard times and his nei«h- 
bors, as well as the imaginary "rascals who are about to ruin 
this great government," you may know that he has but a small 
degree of patriotism. He should be quietly told that this gov- 
ernment is composed of farmers as well as other people, and 
that if he has not enough love and character to give his family, 
community, and nation a good farmer and a well-managed 
farm, he has failed to pay an honest debt which he owes his 
country. The man who runs from the weeds and briars on 
the farm and fails to adorn and beautify it and become an 
honor to the noble calling which he has selected, would not 
make a good public officer or fight a very brave battle in the 
defense of his country. It is not necessary to sink a Spanish 
fleet in order to show our patriotism or to be a hero. A man 
can be an American hero and live in a cottage on ten acres of 
land. What is true with the farmer is true with every other 
calling. 

Patriotic Zeal Natural. —Love of country is planted 
deeper in the hearts of American citizens than any other 
people. Their intense zeal is only the natural consequence of 
the rightful law upon which our government is founded. . The 
citizen of the United States who lays down his life for his 
government does so, realizing that it is a sacrifice made in the 
interest of justice and humanity. The impulse that moves 
armies and navies to the defense of our government is not the 
War or Xavy Department, but it is a zeal that springs out of 
a natural desire to do good by fostering the principles of our 
republic. If character and patriotism are correlative terms 
in American government, it necessarily follows that if char- 
acter were a negative thing, patriotism might be indifferent, 
but as character is a positive force, the true patriot must 
necessarily have civic aggressiveness. The citizen of the 
United States has a right to be patriotic, for when he goes 
on the battlefield in the defense of his country he is armed 
with conviction an<I a principle. He is a soldier fighting to 
make men free. It seems that zeal is the natural result of 
the principles of a representative democracy, and that insur- 
rections, plots, and murderous plans against the heads of 




YANKEE DOODLE," OR THE SPIRIT OF '76. 



58 



PATRIOTISM. 




President McKinley. 



monarchies that rule by fear is a 
natural result of building a gov- 
ernment upon man's, and not 
God's, law. It is a little hard for 
a subject of an unlimited mon- 
archy to fight zealously for a 
principle whose justice is denied 
by his own conscience and better 
self. - 

The Reign of the Dema- 
gogue. — The demagogue fosters 
a selfish and personal interest 
through a national virtue. "He 
wears the cloak of patriotism" in 
order to secure the votes of the 
people and be elected to office. 
He carries a good behavior and 
an assumed patriotism with him 
upon public occasions, but dyna- 
mites the principles of his govern- 
ment when in the dark corners of 
political compromise and trickery. 
His political conviction and ideas 
are arranged to suit the occasion, 
and he advocates anything that 
will secure an advantage for his 
own interest. He carries a minia- 
ture flag on the lapel of his coat while prosecuting his campaign 
for public endorsement, but he tramples it in the dirt and re- 
gards it as a rag when he is behind the closed doors of political 
corruption and anarchy. The demagogue appeals to the pas- 
sions, ignorance, and prejudices of the masses rather than to 
their consciences and intelligence. If there is any danger that 
threatens this government, it is from within and not from 
without. "The perils which threaten us spring from our moral 
condition, and, being of unsound health morally, we are as 
a sick man in an elegantly appointed and luxuriously fur- 



The following extract is 
from an address delivered by 
President McKinley in the hall 
of the House of Representa- 
tives, at the State Capitol, At- 
lanta, Georgia, on December 
14, 1898: 

"S'ectional lines no longer 
mar the map of the United 
States. Sectional feeling no 
longer holds back the love we 
bear each other. Fraternity is 
the national anthem, sung by 
a chorus of forty-five States 
and our Territories at home 
and beyond the seas. The 
Union is the common altar of 
our love and loyalty, our devo- 
tion and sacrifice. 



PATRIOTISM. 59 

nished house — an environment of splendor but no health to 
enjoy it." The success of the demagogue rests upon ignorance 
and dishonesty. He appeals to the citizen who does not read 
or reason. He depends upon that part of our citizenship that 
has a consumptive individuality and a vacillating character; 
and he tells them what to think, and they think it; what to 
do, and they do it; how to vote, and they vote his choice. 
Ignorance, dishonesty, prejudices, and passions are his capital, 
and he drives, buys, and sells the souls of men as though they 
were so many dumb brutes ready for the market and slaughter 
pen. Moral soul control is an unconquerable enemy of the 
demagogue. The reign of the demagogue is impossible on the 
outside so long, as man rules himself on the inside. 

The Enemies of the Republic. — The corruptionist who 
muddies the fountains of justice by using his wealth in 
securing legislation for private gain; the grafter who slays 
justice and befouls the sources of law; the demagogue who 
stabs civic virtue and secures his election to office through 
dishonest and unlawful means; the public officer who unlaw- 
fully draws on his office for personal profits — these are a few 
of the enemies of our republic. "They are worse — they are 
the enemies of the human race; they are destroyers of a 
people; they are murderers of civilization." They not only 
violated the law, but they destroyed the law. These men are 
more dangerous to our republic than the poor, miserable, 
self-enslaved floaters who are willing to sell their sacred right 
to vote for a debauch or for a piece of money. 

The Honest Political Leaden — The true citizen holds 
in honor the broad-minded political leader who has moral 
courage and who unselfishly serves his country. In every 
section of our land we need more leaders who strive to be 
the instrument of instructing the people in the principles of 
true government and labor to create civic aggressiveness and 
righteousness. We want men who rise above deception and 
hypocrisy, petty and personal abuse, slander and villi tu-at ion, 
and who are large enough to dedicate their lives to public 
service and to consider all men their brothers. All honor to 




one nation evermore. 
Holmes. 



'One n?g, on 2 land, one hearty one hand, 

— O. W. 

"On whatever spot the flag is planted, there may freedom have 
foothold, humanity have a champion, and religion an altar." 



PATRIOTISM. 



61 



the candidate and leader 
who projects his life along 
these lines! We cherish 
and honor the names of 
General George Washing- 
ton, Thomas Jefferson, 
Benjamin Franklin, Abra- 
ham Lincoln, and other pa- 
triots whose names glorify 
American history, because 
they were too great, too 
noble, too patriotic to be 
dark-corner politicians, 
professional office-seekers 
and unscrupulous dema- 
gogues. They were pa- 
triots whose every public 
act was marked by true 
Americanism, "whose po- 
sition was one of service, 
whose glory was sacrifice, 
whose leadership was love." 

The Flag.— All honor 
to our glorious ensign! The 
American flag is the em- 
blem of a government 
founded upon liberty, jus- 
tice, and Christianity; and 
if Christ were on earth his 
hand would help bear the 
"Stars and Stripes" of a 
people who have embod- 
ied in their government 
FTis great thought that 
over the human soul there 
is no earthly sovereign. 

It is the emblem of our 




Senator Frisbie Hoar. 



United States Senator Hoar, one of the great- 
est American statesmen, in speaking- of 
political corruption, said: 

"The citizen who would corrupt a 
great State to get an office must be made 
to feel that his success will bring with 
it neither joy nor honor. Let public 
scorn blast him; let him be avoided as 
one with a leprosy. We shall not, prob- 
ably, revive the ignominious punish- 
ments of the past, but if they are ever 
revived, let him be their first victim. 
The whipping post, the branding on the 
forehead, the cropping of the ears, the 
scourging at the cart's tail, are like 
punishments for the rich man who 
would debauch a State, whether it be 
an old State with an honorable history, 
or a young and pure State in the be- 
ginning of its history. If we can not 
apply them literally and physically, let 
the aroused public sentiment of his 
countrymen pillory and brand and 
scourge the infamous offender. Leave 
him to his infamy. Let him be an out- 
cast from the companionship of free 
men. Give him a cloak to hide him in 
and leave him alone with his - 
and sin." 



62 



PATRIOTISM. 




Daniel "Webster. 



national sovereignty and is the 
flag of all the people. It is the 
flag of the patriots who sing "The 
Star Spangled Banner," "Dixie," 
and "Yankee Doodle." Under its 
folds Eepublicans and Democrats 
and patriots of whatever political 
belief march to the music of the 
Union. It is the flag of every 
home, church, school, and citizen. 
The motto of Americans may well 
be: "Old Glory first; never 
second." 

Uncle Sam and I. — Uncle 
Sam is made of men. He stands 
for all the United States, includ- 
ing the spiritual, intellectual, phy- 
sical, and material wealth of all 
the citizens. His soul is the souls 
of all the people; and these sep- 
arate soul-governments are united 
by the bonds of love, making one 
purpose and desire, one fellowship 
and common interest. His gov- 
ernment is one of many individual 
governments, which are responsi- 
ble for his conduct. As an artist 
makes a composite photograph, 
we have made him our only com- 
posite citizen. His ideal is the 
ideal of the people, and his future 
life and safety depend entirely upon them. Every low ideal, 
impure thought, dishonest act of any kind on the part of his 
men are poisons injected into his being that paralyze his 
power and weaken his character. Every honest boy, girl, 
citizen, with clear mind, noble heart and purpose, give tonG 
and color to his character and influence. No one can do 



Daniel Webster spoke the fol- 
lowing patriotic words: 
_"Liet my last feeble, linger- 
ing- glance behold the gorgeous 
ensign of the Republic, now 
known and honored throughout 
the earth, its arms and tro- 
phies streaming in their orig- 
inal lustre; not a stripe erased 
or polluted, not a single star 
obscured — bearing for its mot- 
to no such miserable interroga- 
tory as 'What is all this 
worth?' nor these other- words 
of delusion and folly, 'Liberty 
first and union afterwards,' 
but everywhere, spread all over 
in characters of living light, 
blazing on all its ample folds 
as they float over the sea and 
over the land, and in every 
wind under the whole heavens, 
that other sentiment, dear to 
every true American heart — 
Liberty and Union, now and 
forever, one and inseparable!" 




A 



"'( w 



0m . 



UNCLE SAM. 



64 PATRIOTISM. 

violence to himself without injuring Uncle Sam. The citizen 
who cheats his neighbor cheats Uncle Sam and himself. The 
efficiency of his laws, the honesty and qualification of his 
officers, his standing and dignity among foreign nations, rest 
upon the people, who are the substance from which Uncle Sam 
springs. Uncle Sam is no stronger, no better, no greater than 
the people. Uncle Sam must do what the people do. 



SUGGESTIVE QUESTIONS. 

Define patriotism. 

Distinguish between patriotism and character. 

How does patriotism manifest itself in one's life-work? 

Why is it natural for Americans to be patriotic? 

In what way is the demagogue a menace to our government? 

What are the dangers that threaten the American Republic? 

Do Americans honor the broad-minded political leader who lives a life of 
service? Why? 

Are great leaders and thinkers necessary to the perpetuity of our gov- 
ernment? 

What does the flag stand for? 

W 7 hat do we mean by saying, there is no North, South, East, and West in 
America? 

W r hat is our personal relation to Uncle Sam and his life and work? 

QUESTIONS FOR DEBATE. 

Resolved, That love of home is stronger than love of country. 

Resolved, That our present national civic conscience justifies the belief 
that the United States is now making the most rapid progress since her 
birth in 1776. 



CHAPTER VI. 

A UNIVERSAL BROTHERHOOD. 

A Universal Brotherhood.— There can be no true 
brotherhood except through the broadening of individual life, 
and this process of the human soul can be accomplished only 
by bringing the individual to an understanding of the proper 
government of self. It is necessary for us to have a model to 
guide us in our work of building and broadening our personal 
lives, and the all- wise God, the Architect, gave us a Christ, 
His spoken words, and written plans and specifications, nam- 
ing each step to be taken in the building of a stately character. 
He did this in order that we might effectively use all the 
material of human life in our labors to erect this character and 
be free men. The temple of universal brotherhood that is surely 
being erected by restless humanity to-day is built as high and 
no higher, is as near completion and no nearer, than all the 
people have been able to erect their individual characters after 
the model of Christ. Peace must reign in the soul's empire 
before it can reign in the world. 

"The true cradle of democracy was the manger at Bethle- 
hem. When the son of the carpenter of Nazareth brought to 
the world the gospel of the fatherhood of God and the brother- 
hood of man he ennobled the individual, destroyed the spirit 
of caste, and made democracy in its broadest and noblest 
sense inevitable." 

The Motive. — The motive for broadening the individual 
is a selfish purpose, and it necessarily follows that the broader 
the purpose the larger the love. If our purpose is the exem- 
plification of the life of the Great Teacher and the perpetuity 
of the Constitution and the making of Christians, patriots, 
free governments, and a universal peace, our purpose is broad 
and our love is boundless. 

Charity. — Our charity depends upon the height, breadth, 
and depth of our individual lives, as well as upon the setting 



€6 A UNIVERSAL BROTHERHOOD. 

of the purpose of life. The man who tries to build his life 
after the Perfect Model, and, in the performance of this duty, 
never does violence to his conscience, is an honest man regard- 
less of his creed and fundamental belief. If two men have 
done this and yet differ in some points, both are honest. You 
have no right to judge of your neighbor's conduct by your 
criterion of right only. We should pity the narrow, selfish 
man who goes through the world measuring every man's 
character by the narrow standard which he has arranged for 
his own conduct. Broadening the individual life strengthens 
individuality and enlarges fellowship. 

Religious Liberality. — The life of the church member 
has been liberalized, and the day of religious intolerance has 
passed or is rapidly passing. The fanatic who puts himself 
astride a religious hobby and rides it without regard to the 
views of his brothers and who is dogmatic in his statements, 
will do the great cause of religion more harm than good. No 
doubt a few narrow bigots are yet remaining in the ministry 
and the membership of the different churches, but this is 
no fault of the church, which is infinitely greater than any 
minister or layman. Christians should stand together in one 
great movement for the education and salvation of the human 
race, and they should not make the mere addition of a church 
member their purpose, but they should rather unite in one 
.great effort to make Christians and patriots and put them to 
work in the building of civic and Christian life. The church 
and the school stand for better laws, stronger citizenship, 
more devoted Christians, and for the future perpetuity of this 
government. They should have the unqualified support of 
every good citizen. 

Political Liberality. — An emancipation of the people 
from abuse, political prejudice, demagogy, and the spirit of 
intolerance is surely taking place. Men of all political parties 
and beliefs and of all sections are coming closer together. 
They are beginning to understand that all have used the same 
constitutional system as a model in their work of building 



A UNIVERSAL BROTHERHOOD. 



67 



political parties and principles. The American people, not- 
withstanding their various political creeds, have the same 
purpose in view and make an indissoluble union. No true 
American any longer finds fault with a man who conscien- 
tiously identifies himself with a political party and votes his 
conviction. However, this government has a right to expect 
every man to make a thoughtful investigation before fixing his 
political affiliation. 

Aristocracy. — God gives every man equality of birth and 
pieparation. American aristocracy depends upon work and 
worth, and not upon an artificial social caste, wealth, accident, 
privilege, or rank. The American citizen is distinctly cosmo- 
politan, and if he is building a soul ruled by virtue and wisdom, 
he is entitled to occupy the highest positions in the palaces of 
a free government. Our 1 government recognizes every man as a 
necessary and sovereign part of a social organism that governs 
by spirit force. It is an aristoc- 
racy of common life, social welfare, 
common dependency, where men 
are measured on the inside of the 
soul and not on the outside of the 
body, and where the blacksmith 
can be an aristocrat and an Amer- 
ican gentleman, provided he has 
the power of self-control and is a 
master of his task and puts con- 
science into his horseshoes. A 
righteous citizenship is the nat- 
ural aristocracy of a republic. 

The Constitution and Caste. — The American govern- 
ment is supported by an aggregation of souls, making one 
Union, and unless the conduct of the individual citizen and 
the policies of all institutions of whatever nature are built 
upon the great common people, they are to that extent 
un-American. The name of every citizen of the United States, 
however young or old, high or low, rich or poor, learned or 



J. G. Holland, the eminent au- 
thor, believed in the aristocracy 
of manhood. He wrote: 

"No work that God sets a 
man to do — no work to which 
God has especially adapted a 
man's powers — can properly be 
called either menial or mean. 
The man who blacks your boots 
and blacks them well, and who 
engages in that variety of labor 
because he can do it better 
than he can do anything else, 
may have, if he choose, just 
as sound and true manhood as 
you have, not only after he 
gets through the work of his 
life, but now, with your boots 
in one hand and your shilling 
in the other." 



68 A UNIVERSAL BROTHERHOOD. 

ignorant, good or bad, is written in the Constitution, and each 
is an organic part of our government. Xo man, regardless 
of social, religious, educational, business, financial, or public- 
position, can be in this government any other than one of the 
great common people. The government is the sovereign that 
directs the whole Union, and no form of caste that divides 
men and destroys sympathy and brotherhood can be recog- 
nized except by weakening the Union. If this government 
required a social, money, and wardrobe qualification of each 
member of the great common people before he could be 
entitled to the privileges of the government, its policy would 
be as narrow as is the policy of all forms of caste seen in and 
characterizing many organizations, classes, and social clubs. 
A government could become an aristocracv of wardrobe or 
money power and not as our government is now — an aris- 
tocracy of soul power. Clubs of artificial and un-American 
caste may adorn their club rooms with the flag emblematic 
of the highest individual self-control, and yet have anarchy in 
their own organization and in the individual lives of their 
members. But it takes an American patriot to carry "Old 
Glory" in his character, and any man who is with the patriot 
who does this is in good company, though his wardrobe be a 
twenty-five-cent hat, a blue shirt, and a cottonade suit of 
clothes, and his meal a piece of bread and a glass of water. 
"When each citizen forges character in his soul, he is an Amer- 
ican aristocrat greater than king or lord. 

Narrow Men, Friendship, and PoliticSo— A government 
of, by, and for narrow men would be a government whose 
public opinion would be intolerance and whose laws would 
be dogmas. The tie of friendship is love emanating from a 
free life, and no narrow or dissipated man is free. Thousands 
of men are brought together in the various relations of life, 
and we speak of them as friends, when, in fact, the tie that 
holds them may not be love, but a dollar, a public office, or 
the acquiring of a piece of land, or some other self interest. 
This fictitious friendship is carefully nursed for a selfish pur- 
pose. It is a convenient and profitable thing to carry around 



A UNIVERSAL BROTHERHOOD. 69 

and use when one desires to accomplish a certain object and 
needs the help of his friend. The man who steals the sovereign 
vote of the people for his friend will steal it from his friend 
the next time, if the office should come between them. Put 
a school between narrow teachers, a patient between narrow 
doctors, a deposit between narrow bankers, and then make 
a careful estimate of the friendship that exists between them. 
Look at those narrow political demagogues and professional 
office-seekers! How they fawn upon each other! But let down 
among them a public office that all desire, and you will witness 
a dog fight in the name of the flag and "in the interest of the 
great common people." Let down among the narrow church 
members and preachers a dogma, a doctrine, and see them pull 
hair in the name of Christianity. The political parties of this 
country are greater than demagogues or any man, and the 
churches are infinitely higher and better than narrow church 
members. True companionship or fellowship or friendship can 
exist only between broad-minded and unselfish men. You may 
put friendship, the people, the home, government, churches, 
and schools on one side and a public office or dogma on the 
other, and a poor, miserable, self-enslaved, narrow man will 
sacrifice all of them for the public office or dogma. 

The Worker on the Temple of Brotherhood.— You 
have seen that a man must be prepared within before he can 
be a good workman in the building of the temple of fellowship. 
Every workman has his own method and ideas, but all are 
building after the same Model and are at work for the same 
purpose. They are too broad and noble and have no time or 
inclination to stop with a petty smallness and question a 
co-worker's creed and his right to help in the work, but it is 
sufficient to know that he is a laborer in the building of 
the temple of love. It makes no difference with them where 
the workers come from or what their names might be, if only 
they are skillful laborers in the accomplishment of the purpose 
that is before all of them. They are not caring about who goes 
up and who comes down if only the work is well done and 
more men are secured from every source to join in the labor. 



70 A UNIVERSAL BROTHERHOOD. 

The temple of fellowship, which is certainly being erected as 
a result of freeing the human soul, is not built upon any one 
social, religious, educational, or political creed, but every 
human soul is a pillar to support this edifice of brotherhood, 
and the purpose for which they labor is greater than any one 
church, party, or belief. 



SUGGESTIVE QUESTIONS. 

Upon what does the brotherhood of man rest? 

How much work has been done upon the building of the temple of universal 

love? 
What should be the motive of every man's life? 
Upon what does charity depend? 

What is said in this chapter concerning religious and political liberality? 
Name some of the forces and institutions that contribute to a universal 

fellowship. 
What is the difference between the spirit of democracy and the spirit of 

caste? 
In what way does the spirit of caste interfere with a universal tranquillity? 
Are there any caste tendencies in your home, school, community, State, 

nation? 
What is said in this chapter about friendship and narrow men? 
Who is a good citizen? 

QUESTION FOR DEBATE. 

Resolved, That the narrow-minded man who dogmatically advocates his 
religious hobby without regard for the honest views of others does more 
harm than good. 



CHAPTEE VII. 




OUR COUNTRY AND HOME. 

The Home is a character-making school, where the child 
practices his future conduct and produces in a miniature 
form his future life. 
The part he afterward 
plays in the theater 
of life is, in most 
cases, a reproduction 
of what happened in 
the home. The home 
is a nursery where the 
principles of relig- 
ious, social, and po- 
litical liberty are 
planted in the soul. 

Childhood ShoWS US General Grant's Log Cabin. 

the way to our future citizenship, and gives us an op- 
portunity to make our future one of righteousness and 
virtue. 

The Enlightened Home. — In this age of churches, schools, 
libraries, books, magazines, and newspapers, every home has 

an opportunity to se- 



cure a higher moral and 
intellectual culture. The 
home should be a school 
where religious, social, 
and political questions 
are discussed, and the 
boys and girls are en- 
couraged to read and de- 
velop the power of 
t h o u g h t. Indeed, 
thought inspired by love is one of the lirst essentials in every 
home. It is a product that is worth more than gold and silver, 




Thomas Jefferson's Home, "Monticello.' 



72 



OUR COUNTRY AND HOME, 



more valuable than bonds. It is to be regretted that there 
are men who possess large properties and a great income 
and bright children, who take no thought of giving their 
families the intellectual and moral culture that properly 
belongs to every well-ordered home. They frequently know 
more about their horses and cattle than about their children, 
and they take more interest in the stable that is to shelter their 
horses, mules, and cattle than 
they do in a modern school-house 
for the children of their commun- 
ity. They may have ten thousand 
dollars in the bank and not a 
good magazine or book in the 
home. In this age of books, mag- 
azines, schools, and free mail ser- 
vice, there is no excuse for ignor- 
ance in any home. For a few dol- 
lars the daily happenings of the 
world can be laid down at the 
door of every man. "Good litera- 
ture is as necessary to the growth 
of the soul as good air is to the 
growth of the body, and it is just 
as bad to put weak thought into a child's mind as to shut 
his body up in an un ventilated room." It is the duty of the 
American citizen to think. It is patriotic to think. In fact, 
it is the theory of our government that there is not much 
difference between supremacy of high thought and the suprem- 
acy of a free government. 

Tyranny in the Home.— There is a sovereignty that 

.belongs to every father, mother, 
and child, and every true home 
is governed by paying tribute to 
this inalienable right that be- 
longs to each member of the 
family. Unfortunately, many 
homes are ruled by despots who 



Henry W. Grady, statesman and 
orator, said in one of his great 
addresses: 

"The man who kindles the 
fire on the hearthstone of an 
honest and righteous home 
burns the best incense to lib- 
erty. He does not love man- 
kind less who loves his neigh- 
bor most. Exalt the citizen. 
As the State is the unit of 
government, he is the unit of 
the State. Teach him that his 
home is his castle, and his sov- 
ereignty rests beneath his hat. 
Make him self-respecting, self- 
reliant, and responsible. Let 
him lean on the State for 
nothing that his own arm can 
do, and on the government for 
nothing that his State can do. 
Let him cultivate independence 
to the point of sacrifice, and 
learn that humble things with 
unbartered liberty are better 
than splendors bought with its 
price." 




Washington's Birthplace. 



OUR COUNTRY AND HOME. 



73 



usurp the rights of others and make them slaves to their rule. 
The natural right of father, mother, or child is from God, and 
is higher than the authority of any member of the family. 
Each one should earnestly strive to preserve the natural rela- 
tion and act in harmony with the natural law. The home 
should be a democracy where each member enjoys liberty of 
thought, speech, conscience, petition, and choice of occupation. 
Xo parent can afford to label his child "Republican," "Demo- 
crat," "Populist," "minister," "doctor," "teacher," "mechanic," 
or anything else; for if 
he does, he is a tyrant 
who puts put the eyes 
of the soul of his child. 

Homes Without 

Laws.— Obedience to 
laws and respect for 
good government begin 
in the home. Back of 
lawlessness and crime, 
back of jails and peni- 
tentiaries filled with 
criminals, stands the home without law. The child's recogni- 
tion of the supreme authority of parental law prepares him to 
give obedience and respect to the authority of civil law. The 
child that is permitted to leave home without any knowledge 
of obedience to lawful authority is likely to learn the lesson 

in jails and penitentiaries or 
on the gallows. Violations of 
civil law frequently have their 
beginning around a happy home 
circle where parents permit an 
infraction of parental author- 
ity. The parent would not do 
his duty if he did not require 
of the child obedience and 

"There are hovels so radiant and respect for parental iiOVei'U- 

redolent with a high and beautiful ^ 

life, that we count them courts of nient. 
the Immortals." 




Robert E. Lee's Home, Arlington, on the Potomac. 

Copyright by E. A. Perry, Maiden, Mass. 




74 



OUR COUNTRY AND HOME. 




Love of Home. — Love is a virtue that expresses itself in 
noble deeds and actions. The child who loves father, mother, 
home, and country, will show it by what he does for them. 
Love is not empty sentimentality, but an acting, working, and 
living principle. The child who loves his home will study hard 
at school to develop his growing powers. He will try to be a 
master of his tasks, to reflect honor on his home, and to render a 
service to his country. Life is action and not sentimental talk. 

Home Ownership. — In the year 1900 there were 15,9G3 r 
965 private families in the United States, and only 7,218,755 
of this number owned homes. 
A free government is much safer 
in the hands of people who own 
their homes than in a drifting, 
homeless citizenship. The ag- 
gregate love of our country can 
be measured by the love and 

Condition Of the homes. It is Birthplace of Webster. 

difficult to ripen home affection when the family moves about 
from place to place and lives in a rented house, or in one that 
is mortgaged. Home ownership is a civic question of vital 
importance to this government, 

A Happy Home.— A happy home depends more upon 
the inner life of the members of the family than it does upon 
the house in which the family live. Happiness is a condition 

of the soul, and if each 
member of the family 
develops a symmetri- 
cal, moral and intel- 
lectual selfhood, the 
home will be a happy 
one, though the family 
live in a hut of logs 
and lead a simple life. 
A million-dollar man- 

The home of Lincoln at the age of twenty-two. sion may be a theater 

"The mill-streams that turn the clappers of wliprp + f, p Tnprn hp r a n f 
the world arise in solitary places." VV nere TUe meui ueib Ul 




OUR COUNTRY AND HOME. 



75 



the family are players in moral and intellectual tragedies. 
Happiness enters the door of the log cabin of the peasant on 
the same terms that it enters the door of the mansion. Every 
man should strive to have an attractive home with all the 
modern conveniences, 
but if it is not his good 
fortune to have these 
things, it does not fol- 
low that his family as 
well as himself will not 
be able to make terms 
with themselves and 
live a happy and useful 
life. 

A Moral Home.— 

A high moral senti- 
ment should pervade 
everv home and the 




Washington's Home, Mount Vernon. 
Copyright by E. A. Perry, Maiden, Mass. 



example of father, mother, and child should be characterized 
by intense honesty and the highest integrity. One dishonest 
act of a parent, even though it be apparently a small matter, 
may send his child to the penitentiary or the gallows. The son 

of a family of good standing, 
who paid the penalty of death 
for a hideous murder, attributed 
the beginning of his crime to 
the ungoverned temper of his 
father, whom he had seen beat 
dumb brutes in an unmerciful 
manner. One dissipated boy 
can destroy the peace and tran- 
quil! ity of a happy home. ^\I ora I 
compromises, even in the small- 
est affairs of a home, will lead 
to moral and political compro- 
mises and serious wrongs in the 
Birthplace of Franklin. larger affairs of the world. An 




76 OUR COUNTRY AND HOME. 

intense moral home sentiment is to the home what a high moral 
public sentiment is to the nation. 

Officers of the Home. — The father and mother are the 
officers of the family government. It requires wisdom to 
properly perform the duties devolving upon them. Earnest 
parents feel the great responsibility resting upon them, and 
use every means to be firm and just in enforcing family gov- 
ernment. They recognize a child sovereignty that is higher 
than their authority, and labor to administer family govern- 
ment according to the inalienable rights of every member of 
the family. The obedient child knows that his parents are 
officers appointed by God to govern the home, and he yields 
to this parental authority. 



SUGGESTIVE QUESTIONS. 

Describe your ideal home. 

What is the influence of the home on Christian and national life? 

What is the value of good literature to home life? 

Name ten books that should be in every home. 

What current literature should be read in the home? 

How may there be tyranny in the home? 

How does home ownership strengthen individual and national character? 

Who are the officers of the home? 

What are the duties and rights of father, mother and child? 

QUESTION FOR DEBATE. 

Resolved, That the home does more toward the making of a good citizen 
than all other influences combined. 



CHAPTER VIII. 



FREE GOVERNMENT, EDUCATION, AND THE PUBLIC SCHOOL. 



law-abiding institu- 



tion. 



The Constitution and Uni- 
versal Education.— The Consti- 
tution of the United States con- 
templates universal education. It 
makes the public school, colleges, 
and other character-making forces 
a necessity and an implied part 



"True liberty can be safe only when suffrage is illuminated by education." 

— Garfield. 

We have already learned that character is the leaven, 
the salt of national life. Without a citizenship, intelli- 
gent and loyal, we should feel the impact of disorder 
and revolution. Violence would endanger life and prop- 
erty. A free government offers its citizens an opportunity to 
be free men in the universe of self; but if the people were 
uncontrolled units the government would lapse to self-destruc- 
tion. If the destructive element should be in control, there 
would be no civic power to check its downward course. 

This power in a popular gov- 
ernment rests in the people. En- 
forcing the law in a republic is 
not likely to extend beyond the 
moral sentiment of all the people 
composing the government, and 
good laws are not likely to be 
made by a people who make bad 
laws for the government of self. 
So, it becomes the duty of every 
citizen to do all in his power to 
make this government a self- 
building, self -perpetuating, self- 



Mr. John Clark Ridpath, the his- 
torian, in speaking of en- 
lightened citizenship, said: "A 
republic without intelligence — 
even a high degree of intelli- 
gence — is a paradox and an im- 
possibility. What means that 
principle of the Declaration of 
Independence which declares 
the consent of the governed to 
be the true foundation of all 
just authority? What kind of 
'consent' is referred to? Mani- 
festly not the passive and un- 
resisting acquiescence of the 
mind which, like the potter's 
clay, receives whatever is im- 
pressed upon it; but that ac- 
tive, thinking, resolute, con- 
scious, personal consent which 
distinguishes the true freeman 
from the puppet. When the 
people of the United States rise 
to the heights of this noble 
and intelligent self-assertion, 
the occupation of the party 
leader — most despicable of all 
tyrants — will be gone forever: 
and in order that the people 
may ascend to that high plane, 
the means by which intelligence 
is fostered, right reason exalt- 
ed, and a calm and rational 
public opinion produced, must 
be universally secured. The 
school is the fountain whose 
streams shall make glad all 
the lands of liberty. We must 
educate or perish." 



78 FREE GOVERNMENT, EDUCATION, THE PUBLIC SCHOOL. 



of its organism. The Constitution is by nature the greatest 
educational bill and ordinance that was ever enacted by a 
body of people. Its own life depends upon universal intelli- 
gence and righteousness. Every added moral and intellectual 
impulse to the life of a free government is a new fortification 
of strength to stand against the destructive elements that are 
in our government. Universal education strengthens a free 
government and shakes monarchies. 

American, or Character-Building, Institutions, — Insti- 
tutions that aid the individual in developing self-control are 
suitable for America. The right of defining and naming these 
institutions belongs to the educated conscience, and not to 

the ignorant citizen. If 
the government by statute 
law or otherwise legalizes 
an institution as Ameri- 
can in nature, it becomes 
the duty of a good citizen 
to obey the law whether he 
does or does not believe in 
it, for it comes from the 
people who are the govern- 
ment. He has a right to 
open a campaign for pub- 
lic sentiment that will lead 
to the lawful and rightful 
regulation or abolition of 
such an institution, but he has no right to ignore the law which 
he thinks shields it. Take away from this country the educat- 
ing influences and restraining powers, and the government 
would fall as a result of its own sin and ignorance. 

Non-American Institutions.— Any institution that de- 
stroys self-control in the individual is un-American and should 
be regulated or abolished by law. If our country depended 
upon this element, it would be self-destroying, and it would 
take but a short time for it to commit civic suicide. What to 
do with un-American institutions is a question that must be 




Consolidated Rural School. 

"There is only one cure for the public 
distress, and that is public education di- 
rected to make men more thoughtful, mer- 
ciful, and just." — John Ruskin. 



FREE GOVERNMENT, EDUCATION, THE PUBLIC SCHOOL. 79 

solved through the individual. If these institutions are a 
dangerous element in our compact, they will not stand before 
the moral conscience of a righteous citizenship. 

Monarchies and Universal Education. — Representative 
democracies become more and more popular as the people 
advance in intelligence and secure a higher order of civiliza* 
tion. Universal education is the worst foe that ever confronted 
kings, princes, sultans, and czars. It educates the masses and 
leads them to understand that they are independent, sovereign 
beings, and that the people, and not kings, have the right to 
govern. It establishes the principle taught by Christ that 
there is no earthly sovereign over the human soul. It is hard 
to think that any citizen whose allegiance belongs to a mon- 
archy is really great. We see only a king, prince, or czar. 
But in America the child of a peasant may be the coming 
ruler of the great republic. The national Constitution recog- 
nizes no aristocracy except the aristocracy of character and 
learning. 

Property and Education. — The material wealth of the 
citizens and nation rests upon an educated citizenship as well 
as upon broad fields of fertile lands, rich mines, great cor- 
porations, and large profits. An educated conscience and 
universal intelligence in a republic are as essential to the 
material welfare and development of the country as they are 
to the preservation of the Union.* The commercial value of 
the property and the rated and paying value of the bonds of 
large corporations are affected by the character of the citizens 
composing the nation. Take away from this country her 
educating, character-making forces, including the consecrated 
teachers, ministers, philanthropists, churches, schools, and all 
institutions that build citizenship and broaden life, and prop- 
erty would not be worth one-half of its present value. It is 
a known fact that all other things beiug equal, the property 
of an educated people is more valuable than the property of 
an uneducated people. A moral bankruptcy in our govern- 
ment would be followed by a commercial bankruptcy. 



FREE GOVERNMENT, EDUCATION, THE PUBLIC SCHOOL. 




EDUCATION. 



Education is complete development for complete living. — Spencer. 

Education is the sum of the reflective efforts by which we aid nature in 
the development of the physical, the intellectual and the moral faculties of 
inan. — Campayne. 

For every pound you save in education you will spill five in prosecutions, 
in prisons, in penal settlements. — Lord Macaulay. 

If the children are untaught, their ignorance and vices will in vhe fu- 
ture cost us much dearer in their consequences than it would have done in 
their correction by a good education. — Thomas Jefferson. 

Whatever you wish to appear in the life of a nation, you must put into 
its schools. — Prussian Maxim. 

If I had my way, I would hang the flag in every schoolroom, and I would 
spend an occasional hour in singing our best patriotic songs, in declaiming the 
masterpieces of our national oratory, and in rehearsing the proud story of our 
national life. I would attempt to impress upon all the supreme value of their 
inheritance, and the sacred duty of transmitting it untarnished and unimpaired, 
but rather broadened and strengthened, to the millions who will follow after. 
— Andrew S. Draper. 

Patriotism is one of the positive lessons to be taught in every school. Ev- 
erything learned should be flavored with a genuine love of country. Every 
glorious fact in the nation's history should be emphasized and lovingly dwelt 
upon. The names of her illustrious citizens should be treasured in the memory. 
Every child should feel that he is entitled to a share, not only in the bless- 
ings conferred by a free government, but also in the rich memories and glori- 
ous achievements of his country. — Richard Edwards. 



FREE GOVERNMENT, EDUCATION, THE PUBLIC SCHOOL. 81 

Financiers and Universal Education.— Men who devote 
their time to commercial enterprises should not overlook 
their obligations to men and institutions that devote their 
entire time, thought, and talent to the education of the citizen. 
Character-making institutions are permanently in need of 
money to prosecute effectively the work that is before them. 
If the bonds and realty of the commercial citizen are increased 
in value as a result of an educated citizenship made possible 
by a certain class of individuals and institutions, the property 
owner is a beneficiary, and he should give liberal financial 
aid to such institutions. Men! who devote their entire time to 
commercial pursuits should co-operate with persons who are 
giving their thought and labor to the making of citizens. 
There are thousands of ministers, teachers, and other laborers 
in this country receiving a small salary, who, if they should 
devote the same energy, thought, and time to a farm, store, 
bank, railroad, or other enterprise, would frequently make 
as much in one year as they will in a lifetime. This fact 
demands recognition from persons engaged in material 
pursuits. 

The Ideal School. — The ideal school seeks to lead the 
student to a higher moral, physical, and intellectual develop- 
ment by bringing him to a higher reverence for honest toil, 
a deeper respect for a disciplined mind, and a greater love for 
a spiritual life. The ideal school dignifies all honorable labor 
and generates power in the individual by harmonizing the 
mental, physical, and spiritual forces with a well-defined pur- 
pose. It makes possible Emerson's man of power: 

"His tongue was framed to music, 

And his hand was armed with skill; 
His face was the model of beauty, 
And his heart the throne of will." 

The ideal school is a democracy built upon human needs, 
reflecting the spirit of our Constitution and civic requirements, 
and preparing boys and girls, young men and women, for a 
higher citizenship and a more useful life. The ideal school 
"rings the rising bell in the human soul," inspires young 



82 



FREE GOVERNMENT, EDUCATION, THE PUBLIC SCHOOL. 



people, instills into the mind of the student the great truth, 
that every .person is created to do something, to be a pro- 
ducer, a worker, and not simply a consumer. It leads him 
to understand that the power of self-mastery and self-re- 
liance is an imperative duty and the first great obligation 
he owes his God and his country. The ideal American school is 
a democracy, where the son of the millionaire and the son of 
the peasant sit side by side, each depending upon what he is 
and what he can do, how well he can think and work, and 
not upon what he seems to be and what he may possess and 
how much money and social standing he may have. The ideal 
school generates in the mind of the boy and the girl an honest 
desire to secure a liberal education and be of use to his country. 
It builds character and teaches the student that all men are 
his brothers. It makes a strong public sentiment for educa- 
tion in the community or State where it operates. It is a 
leader in the molding of public opinion and shaping the 
character of the community. The ideal school is mainly a 
self-governing institution whose disciplinarian is a moral 
opinion and desire expressed by an earnest student-body. 
The Free Schools. — The public school is not named in 

-, our organic law, but 
II it is an implied part 
|| of its organism and 
is a necessary re- 
quirement of our gov- 
ernment. This gov- 
ernment was organ- 
ized for the present 
and for the future, 
and there is no better 
way to show our pa- 
triotism and our de- 
sire to perpetuate its 

A Mountain Rural School. ffloEV and reach the 

"Let us cherish our public schools as the looms, . , \ „ . , 

and our teachers as the weavers who weave the ldealS 01 a Universal 

wondrous destiny for the nations." , ., , n ,, 

—John Fiske. brotherhood than to 




FREE GOVERNMENT, EDUCATION, THE PUBLIC SCHOOL. 83 




Thomas Carlyle. 



put a modern, well-equipped and 
well-ordered school-house, faith- 
ful teachers, and free tuition at 
the door of every child in the land. 
The absolute sovereignty of the 
individual makes it possible for 
ignorance, the worst despot that 
ever ruled a people, to reign in a 
free government, and if it should 
ever gain ascendency in this gov- 
ernment the greatest tragedy of 
the world's history would be en- 
acted. It is intended that knowl- 
edge and wisdom shall be the 
power and controlling influence in 
a republic. 

Taxation for Education.— The 
largest item in the State's ex- 
pense account is usually charge- 
able to ignorance and sin. The 
wise State, therefore, labors and 
legislates for a universal right- 
eousness and intelligence. It is 
stupid, immoral, and unwise for any of the great Common- 
wealths of our nation to refuse to provide ample means for 
the education of her children. It is short-sightedness for a 
people of any city or neighborhood who have an opportunity, 
to refuse to vote for an equable tax that will give that city or 
neighborhood the advantage of the best schools. All things 
being equal, eyery State builds wisely and in harmony with 
the principles of democracy, when it appropriates money for 
the rural public school, graded school, high school. State 
normal school, university, and other public institutions. 

Democracy in Education. — True education means a deep 
respect for honest toil and the highest development of skill 
and power in every department of life however high or low. 
We can no longer name any uniform training by which an 



Mr. Carlyle wrote: "A think- 
ing man is the worst enemy 
the Prince of Darkness can 
have. Every time such a one 
announces himself, I doubt not 
there runs a shudder through 
the nether empire, and new 
emissaries are -trained, with 
new tactics to, if possible, en- 
trap him and hoodwink and 
handcuff him." 



84 FREE GOVERNMENT, EDUCATION, THE PUBLIC SCHOOL. 

American gentleman is made, but we must offer a life training 
that will make a whole man who is a master of his task, 
though he be the "Man with the Hoe," the secluded scientist 
in his laboratory, or a counselor in the cabinet of government. 
All are necessary and all are doing a work of common interest. 
It is of the highest importance to the American government 
that the work in each department of life be well done. 




From Oldest Known Print of Harvard College- 

The above picture of Harvard College was made in 1726. It represents 
the college as it appeared when ninety years old. Fisk's History of the United 
States says: "So many of the leading- settlers were university graduates — 
mostly from Cambridge — that a college seemed necessary for the colony. In 
1836 it was voted to establish such a college at Newtown, three miles west of 
Boston. Two years later, a young clergyman. John Harvard, died childless, 
bequeathing his books and half his estate to the new college, which was forth- 
with called by his name, while in honor of the mother university the name 
of the town was changed to Cambridge." 



SUGGESTIVE QUESTIONS. 

How would an increase in illiteracy affect a republic? 
How would it affect the value of property? 
Why are an ignorant people necessarily a poor people? 
Upon what does productivity depend? 

What is the civic value of the power of the American citizen to think ac- 
curately? 



FREE GOVERNMENT, EDUCATION, THE PUBLIC SCHOOL. 85 

Why should a republic legislate to secure universal intelligence? 

Name ten character-making institutions and influences. 

Saying nothing of the moral and religious value of a zealous church, a good 
school, a well selected and ordered library, and other character- 
making institutions, what is your estimate of their material value to 
every community? 

Name those character-making institutions that seek to educate the masses 
by aiding them to secure moral soul-control. 

What is your estimate oi the value of Public Schools, High Schools, State 
Normal Schools, Universities, etc.? 

Are you doing all you can to aid in securing universal intelligence in this 
country? 

Are you talking for it, or against It? 

What would you do if you had an opportunity to "transmute gold into life" 
by voting a local equable tax for the education of the children of your 
neighborhood? 

Why do you consider it a disgrace for a citizen of a republic to refuse to 
vote an equable and just tax, local or otherwise, to be used for the 
education of the child? 

Why should every citizen contribute to character-making institutions? 

Is the public- school the natural consequence of a republic? Why? 

Define the relation existing between State governments and State educa- 
tional institutions. 

Describe your ideal school. 



QUESTION FOR DEBATE. 

Resolved, That the saloon is an un-American institution and should be 
abolished by law. 



THE SHIP OF STATE. 

The sea of the Human Mind is as restless and relentless in its activi- 
ties as the waters of the great Atlantic, and the Ship of State sails upon 
this sea directed by the compass in the national heart. If it ever sinks 
into the waters upon which it glides as the instrument of man, it will be 
because its sails have been improperly spread to the breeze of God's Eternal 
Truth. Longfellow wrote: 




Henry Wadsworth Longfellow. 



"Thou, too, sail on, O Ship of State! 
Sail on, O Union, strong and great! 
Humanity with all its fears, 
With all the hopes of future years, 
Is hanging breathless on thy fate! 
We know what Master laid thy keel, 
What Workman wrought thy ribs of steel, 
Who made each mast, and sail, and rope, 
What anvils rang, what hammers beat, 
In what a forge and what a heat 
Were shaped the anchors of thy hope! 
Fear not each sudden sound and shock, 
'Tis but the wave and not the rock; 
'Tis but the napping of the sail, 
And not a rent made by the gale! 
In spite of rock and tempest's roar, 
In spite of false lights on the shore, 

■Sail on, nor fear to breast the sea! 
Gur hearts, our hopes, are all with thee, 
Our hearts, our hopes, our prayers, our tears, 
•Our faith triumphant o'er our fears, 
Are all with thee — are ail with thee." 



CHAPTER IX. 

CIVIL GOVERNMENT. 

A Knowledge of Government. — Good government pro- 
motes progress along all lines and secures justice for each of 
the people. A good citizen takes an interest; in his government 
and in the administration of its affairs. No one, regardless of 
station in life, can afford to be without a knowledge of it. No 
leader in any field of activity can hope to accomplish much 
unless he is a student in the ethics of government and takes a 
keen interest in all public questions. It is as essential for the 
business man to have a knowledge of his country, as it is for 
him to know the elements of a commercial transaction. The 
voter who is ignorant of the laws and the Constitution can not 
express in his ballot an intelligent choice. Citizens who have 
studied our Constitution and the plan upon which the ma- 
chinery of our government is operated, and who have taken an 
active part in the administration of the laws and in elections, 
are likely to be more patriotic, conservative, and loyal than the 
individual who has not studied his government and has taken 
no interest in public affairs. 

Government is the organized power by which society 
secures justice and progress. It is necessary in order that men 
may live together in peace and enjoy the blessings of liberty. 
Without government every man could do as he pleased, and 
the person and property of another would be made subservient 
to the pleasures of the vicious. Wicked men would defraud, 
rob, and murder. Disorder and all excesses would prevail. 
There could be no administration of the "general welfare." 

Civil Government is the power vested in the officers au- 
thorized to regulate the rights and duties of citizens and of the 
government. 

Man's Nature. — Man is by nature a social being. The 
hermit, who lives alone and rejects the society of his fellows, 
does not live according to his own nature. He has a social 



88 CIVIL GOVERNMENT. 

nature, and it is natural for him to seek the association of 
other men. Aristotle said : "The individual when isolated is 
not self-sufficient, and therefore he is like a part in relation to 
the whole. But he who is unable to live in society or who has 
no need because he is sufficient for himself, must be either a 
beast or a god; he is not a part of a State." This great Greek 
philosopher also declared that man is naturally a political 
animal. 

Civil Society. — Since the social instinct was planted in 
man by nature, he must recognize human ties. Since it is 
natural for him to desire association with others, he must seek 
a common life and fellowship. It follows that civil society is 
the result of the natural state of man. Nowhere in history can 
we find any account of the beginning of the body politic. We 
nave no record showing that any convention of men ever met 
together and brought it into existence. It is an institution of 
God. It is of divine origin. In all ages men have lived together 
in families, tribes, nations. Some form of authority, some gov- 
erning influence has held them together and put them under a 
law. Society was not created by man, but it was given to us 
by God. Coleridge says : 

"God is everywhere! The God who framed 
Mankind to be one MIGHTY FAMILY 
Himself our father, and the world our home." 

A Nation. — The United States is a nation and has the 
attributes of sovereignty and independence. "A nation is a 
people, or aggregation of men, existing in the form of an 
organized jural society, inhabiting a distinct portion of the 
earth, speaking the same language, using the same customs, 
possessing historic continuity, and distinguished from other 
like groups by their racial origin and characteristics, and 
generally, but not necessarily, living under the same govern- 
ment and sovereignty." 

The States. — A State in its broadest sense is a term that 
"denotes a single homogeneous political society, or body politic, 
organized and administered under one government and one 
system of law." In America the word State is generally used 



CIVIL GOVERNMENT. 



to denote one of the Commonwealths of our federal union. 
Thev are not entirely sovereign. They are subject to the 
sovereign authority of the national government. They are 
"political communities" constituting a certain part of the nation 
and possessing powers of self-government. These Common- 
wealths are not nations. 

Sovereignty. — Sovereignty is "that public authority which 
commands in civil society and orders and directs what each is 
to perform, to obtain the end of its institution." Sovereignty 
exists in the minds of the people. The people are collectively 
the sovereign power. No one individual can inherit or acquire 
all of this sovereign power, but every individual is a part of this 
sovereignty. 

Justice, Union, Liberty and 
Law. — Justice is an attribute of 
God. "It is a fundamental law of 
society which both the people and 
government are under obligation 
to obey." The authority organiz- 
ed to carry on the public func- 
tions of society should secure and 
enforce justice. A good govern- 
ment seeks to secure justice for 
each individual composing it. 
Union begins in the nature of 
man. We are not solitary but 
social beings. Civic union is from 
God. The nation is the product 
of nature. Law is the natural 
product of union, and liberty is 
the result of law. Law is neces- 
sary for the happiness and protec- 
tion of the people, and in order to 
guarantee to each individual un- 
restricted power in the exercise 
and enjoyment of his rights. 
Without civil law each member 




Abraham Lincoln. 



President Lincoln, in speaking 
of reverence of the law, gave 
us the following words of wis- 
dom: 

"Let reverence of the law be 
breathed by every mother to 
the lisping babe that prattles 
on her lap; let it be taught in 
schools, seminaries and col- 
leges; let it be written in 
primers, spelling--books. and al- 
manacs; let it be preached 
from pulpits, and proclaimed in 
legislative halls', and enforced 
in courts of justice; in short, 
let it become the political re- 
ligion of the nation." 



90 CIVIL GOVERNMENT. 

of our Union would be a law unto himself, determining the 
justice of his own conduct and making demands on society that 
would be in harmony with the law and conduct of his own life. 
Without law, one self -debauched man without a purpose to 
control himself, w^ould attempt to make society reflect the rule 
of his conduct. Without law r there w T ould be as many rules of 
conduct as there are individuals, and as a result, selfish desires 
and interests of men would clash. The life and property of 
citizens would be subjected to the vicious and depraved, and 
we would be denied our natural liberties. Putting society 
under the restraint of good laws is necessary to safeguard the 
rights of its members. 

Obedience to Law. — A law is "a rule of life." We owe 
obedience to every law on the statute books, whether we be- 
lieve it is a good law or a bad one. Laws are made by the 
people, and they must be repealed by the same power. Many 
persons obey the law because they are forced to do so. They 
have no higher motive, and they are glad to see it go unexe- 
cuted. Simply obeying the law is only a part of the duty of 
a citizen of the United States. He is himself a part of the law, 
His voice and life are in it. It is his duty to be aggressive in 
seeing that the law is obeyed. One's conduct toward a law 
which he does not endorse is a first-class criterion by which we 
can judge of his patriotism. 

Repealing Bad Laws» — Not every law on the statute 
books is, in the opinion of every individual citizen, a good law. 
But, as we have seen, this does not excuse him from giving 
obedience to it. Our government protects him in freedom of 
thought, action, speech, and conscience; and if he does not 
believe in the justice of the law, it is his privilege, and it 
becomes his duty, to prosecute a campaign for public sentiment 
against it and to use every legitimate means to have it repealed. 
He has a right to discuss it in public conventions, and to lead 
in the nomination and election of men who will vote to repeal 
it. But, under no circumstances, has he the right to do other 
than to cheerfully obey it so long as it is a law. It was ordained 
by the people, and only this great jury can repeal it. "General 



CIVIL GOVERNMENT. 



91 



Grant never said a wiser thing than when he declared that the 
best way to treat a bad law was to enforce it strictly, and then 
its odious features would soon arrest attention and a consider- 
ate judgment of the majority would repeal it." 

Rights. — A right is a just claim. It is "that which any 
one is entitled to have, or to do, or to require from others within 
the limits prescribed by law." In 
the United States rights are class- 
ed as political and civil. 

Political Rights. —Political 
rights consist in the power of the 
citizen to participate in the estab- 
lishment of his government and to 
aid in its administration by vot- 
ing and holding office, 

Civil Rights. — Every citizen 
has a right to enjoy life and de- 
fend his liberties. He has a right 
to use his mind in thinking for 
himself and in working out his 
own political creed. He has a 
right to be a member of the polit- 
ical party of his choice, or, if he 
desires, to champion an entirely 
new political idea. He has a right 
to think, write, and speak freely 
when he does not infringe on the 
rights of others. He has the right 
of freedom of conscience. He 
has the right to seek safety and 
happiness, acquire property and 
protect it. He has a right to be 
released on bail in bailable cases, 
and he is entitled to all the protec- 




James A. Garfield. 



The following- is from Pres- 
ident James A. Garfield: 

"The faith of our people in 
the stability and permannce of 
their institutions was like 
their faith in the eternal course 
of nature. Peace, liberty, and 
personal security were bless- 
ings as common and universal 
as sunshine and showers and 
fruitful seasons; and all 
sprang from a single source — 
the principle declared in the 
Pilgrim Covenant of 162 — 
that all owed due submission 
and obedience to the lawfully 
expressed will of the majority. 
This is not one of the doctrines 
of our political system — it is 
the system itself. It is our 
political firmament, in which 
all other truths are set. as 
stars Tn the heavens. It is the 
encasing air. the breath of the 
nation's life." 



tion offered by the writ of habeas 

corpus. He has a right to a speedy trial and to appeal to the 

courts for protection for his person and property. He has a 



92 CIVIL GOVERNMENT. 

right to be secure against unlawful searches of his house and 
"to sue for damages any officer of the law who arrests him in 
an unlawful manner." Mr. Black, in his Law Dictionary, says: 
"Civil rights are such as belong to every citizen of the' State 
or county, or, in a wider sense, to all its inhabitants, and are 
not connected with the organization or administration of 
government. These rights are such as belong to the juristic 
personality of the individual, or pertain to him as a member 
of the community. They include the right of freedom, of 
property, of marriage, of protection by the laws, etc." 

Forfeited Rights. — A citizen may forfeit his rights by 
violating the laws of society. The criminal forfeited his right 
to liberty as well as to suffrage when he violated the civil law 
by taking property that did not belong to him. The murderer 
forfeited his right to life when he took without cause the life 
of his fellow-man. "It is competent to provide by law for a 
forfeiture of the right to participate in elections, as a punish- 
ment for conduct which the law forbids; but such punishment 
can only be imposed after trial and conviction." 

The Right of Eminent Domain. — The right of eminent 
domain is a natural attribute of sovereiimtv. "It is the right 
of the nation or State or of those to whom the power has been 
lawfully delegated, to condemn private property to public use, 
and to appropriate the ownership and possession of such 
property for such use, upon paying to the owner a due com- 
pensation, to be ascertained according to law." 

Forms of Government. — Aristotle divided governments 
into three general classes: Eule by one, monarchy; rule by 
the few, aristocracy; rule by the many, democracy. The fol- 
lowing subdivisions of these three general forms of government 
may be made. Monarchies are either absolute or limited, 
hereditary or elective. Government by the few is an aristoc- 
racy and permits of no special subdivision. Democracies are 
either pure or representative. A people may adopt for their 
government a combination of two or more of these forms or a 
modification of any one of them. Most of the governments are 
mixtures of the different kinds. 



CIVIL GOVERNMENT. 9S 

Monarchies, — A monarchy is a form of government in 
which the controlling power is in the hands of one person. 
The heads of these governments are variously termed emperor, 
czar, sultan, king, prince, grand duke, duke. If one person 
possesses unlimited power, it is known as an absolute mon- 
archy. If the power of the monarch is restrained by law and 
other powers, the government is known as a limited monarchy. 
There is no difference between an absolute monarchy and a 
despotism. 

Absolute Monarchies. — In an absolute monarchy the laws 
are largely executed by force. The monarch has absolute 
control of his subjects. The will of the ruler is the law, 
whether it does or does not suit his subjects, and he keeps at 
his command a large force of armed and trained men ready 
to put into operation his plans and desires. An absolute mon- 
archy is safer when its subjects are densely ignorant and slaves 
to their own passions and desires. A righteous citizenship 
would not submit to the unnatural rule of a despot. 

Limited Monarchies. — In a limited monarchy the ruler is 
limited by constitutions and laws. The government of England 
is a limited monarchy. The power of the king is clearly defined. 

Hereditary Monarchies. — An hereditary monarchy is one 
in which the succession to the throne is acquired by birth. 

Elective Monarchies. — An elective monarchy is one in 
which the monarch is chosen by the votes of his subjects or 
a part of them. 

Aristocracies. — An aristocracy is "a form of government 
in which the supreme power is vested in the principal persons 
of a state or in a privileged order; an oligarchy." 

Democracies. — A democracy is a government by the peo- 
ple. Freemen in a pure democracy have a right to meet in one 
assembly, to make and execute laws, and to look after the 
general interest of the government. A pure democracy can 
exist only in a country of limited territory. 

Republics. — A republic is not a pure democracy, but a 
representative democracy. It is a government in which the 



94 CIVIL GOVERNMENT. 

laws are made and executed by representatives elected by the 
people. The United States is a republic. 

Patriarchies, — The oldest form of government is the patri- 
archal. This is a government of the family. The controlling 
authority is in the head of the family, who is known as the 
patriarch. Abraham was a patriarchal ruler. 

Theocracies,— A theocracy is a control of "the state by the 
immediate direction or administration of God." This form of 
government became extinct before the beginning of the Chris- 
tian era, at the subjugation of the Jewish people to the Eoman 
power. 

Colonial Governments. — A colonial government is the 
authority that governs provinces that belong to some nation. 
There were three kinds of colonial governments established in 
the colonies prior to the birth of the nation : 

Charter, Proprietary, Provincial. 

Charter governments offered the people greater power and 
more freedom than any other form of colonial government. 
The charter was a "written permit" from the king authorizing 
the establishment of a government of a certain colony within 
a certain boundary. The charter outlined the kind of govern- 
ment to be established. The people of the colonies under this 
form of government were given the power to select a governor, 
a council, and an assembly. The governor of Massachusetts 
was, however, selected by the king after the year 1691. The 
people had the power to make and execute laws, but important 
measures had to be referred to the king for his approval. The 
assembly established courts and gave the governor the power 
to appoint judges. 

Proprietary Governments. Grants of territory and civil 
power in proprietary governments were made to an individual 
known as a proprietary, but the proprietaries appointed the 
governor, council, and judges. This form of colonial govern- 
ment had much power in making and executing laws. Never- 
theless the sovereignty of the Mother Country was jealously 
guarded. 

The Provincial government consisted of a governor and 



CIVIL GOVERNMENT. 95 

council appointed by the crown. It had a legislature consisting 
of two houses. The upper house was appointed by the king, 
and the lower house was elected by the people of the colonies. 
The governor had the power to veto any measure passed by 
the colonial legislature. The people, however, through the 
lower house had great power over the king in the regulation 
of taxes and other questions closely related to the people. 

Early Local Governments.- -If we study the nature of 
the governments established and operated prior to the birth of 
our nation, we will find that most of the leading principles of 
our present local, State, and national governments were en- 
dorsed, and in many ways established, during the colonial 
period. In addition to the three general forms of colonial 
government which we have already given, the colonies had 
subordinate governments that were local in their nature and 
operation. These organizations usually known as the town, 
county, or parish governments were local schools of politics 
that offered every citizen an excellent opportunity to be an 
active, working part of the government to which he belonged. 
These local governments had great influence in shaping polit- 
ical character and in developing the political thought of the 
American people. 

The Town or Township. — The town or township govern- 
ment is in principle the oldest known form of government. 
"When people from New England first came to dwell in the 
wilderness of Massachusetts Bay, they settled in groups upon 
small, irregular-shaped patches of land, which soon came to 
be known as townships/' Many causes entered into the estab- 
lishment of the township government in America. The settlers 
had left the Old World mainly on account of religions perse- 
cution. They desired to establish colonies where they could 
worship God according to the dictates of their own consciences 
and where they could recognize the rights of the common 
people in local government. Having a common interest and 
desire, it was natural for them to settle in small areas where 
they could build their houses close together and worship God 
in the same church. They also desired close co-operation in 



96 CIVIL GOVERNMENT. 

order to protect themselves against attacks of Indians, and 
this could not be accomplished if they were scattered at dif- 
ferent points through the wilderness of the New World. The 
"meeting house" was located near the center of the town, and 
all the inhabitants, young and old, gathered at this place every 
Sunday. The government of the township is a pure democracy. 
The people directly govern themselves. All governmental 
questions, including business relating to taxation, are voted 
on in the ''town meeting," and the grown-up men of the town 
are expected to 1 be present to vote and 1 aid in the administration 
of government. The governmental business of the township 
is usually transacted by executive magistrates known as select- 
men. They vary in number according to the size of the town. 
The selectmen have many duties to perform and usually have 
great power in the administration of the local government. 
Other important officers of the town government are the town 
clerk, treasurer, constable, and assessor. In New England the 
town is the most important division of the State, and the county 
ranks first in the Southern and Western States. In some of 
the Western States and in most of the Middle States the powers 
of local government partake of the nature of both the town and 
the county. The reader will bear in mind that the town gov- 
ernment exists only in part of the States. The power to 
administer local government is exercised by the county in most 
of those States where the town government is not found. 

The County. — The county organization was another form 
of local government that was adopted by the colonies. This 
form of government was introduced largely by the Southern 
colonies. Mr. Hinsdale, in his excellent work on the American 
Government, in speaking of the Virginia county, said: "This 
was the political unit of the colony. But as the county could 
not well meet in county-meeting, as the New England town 
met in town-meeting, local government was representative, not 
democratic. The justices of the peace, usually eight in number, 
formed the county court They were appointed by the gover- 
nor, commonly on the nomination of the court itself, which 
made the court a close corporation like the vestry. The court 



CIVIL GOVERNMENT. 97 

appointed its own clerk, who kept the county as well as the 
court records, nominated a list of three candidates from whom 
the governor appointed the sheriff. Besides its judicial func- 
tions, the court had charge of the construction of roads^ 
highways, and bridges, appointed the constables, had charge 
of ferries, admitted attorneys to the practice of the law, li- 
censed innkeepers, and, in early times, divided the county into 
parishes. The other county officers were the coroner, the sur- 
veyor, and the lieutenant, who was chief commander of the 
militia and administrator of the military laws. The county 
was represented by two burgesses in the Houses of Burgesses. " 
The government of other counties of the colonies was sim- 
ilar to that of the Virginia county which we have given. 



SUGGESTIVE QUESTIONS. 

Define government. Define civil government. Why is government necessary? 

What will a good government do for a people? 

Will a good citizen take an interest in the administration of his government? 

Why? 
Does it pay even from a business standpoint to be acquainted with the 

machinery of government? 
Define society. Does the hermit live according to the law of his own being? 
What was Aristotle's teaching concerning the social nature of man? 
What is the origin of civil government? Define "body politic." 
What is its origin? Is society a creature of man, or of God? 
Define nation. Define State. Define sovereignty. 

Where does sovereignty exist? Define justice, union, liberty, and law. 
Give origin and necessity for each. 

Will a good citizen be enthusiastic in obeying the law? Why? 
What is the attitude of a good citizen toward a bad law? 
What did General Grant say concerning the enforcement of law? 
Define a right. Name and explain a few of the rights of man. 
How may a citizen forfeit his rights? 
Name the leading forms of government? Define each. 
What is the difference between a pure democracy and a representative 

democracy? What is our government? 
Name the forms of government of ten of the leading nations of the world. 
Define colonial government. 
How many forms of colonial government were inaugurated by the American 

colonies? 
Name and tell about each. Tell what you know of early local governments. 

QUESTION FOR DEBATE. 

Resolved, That the officer of the law who turns the criminal over to the 
mob without using every means in his power to protect him. should be 
Committed to the penitentiary for life. 



CHAPTER X. 

THIRTY-TWO OF THE STEPS AND CAUSES IN THE MAKING OF THE 

CONSTITUTION. 

The Constitution o — The principle embodied in the national 
Constitution was vigorously championed by lovers of liberty 
long before the colonies were established and even before 
America was discovered. It was strongly developed during 
the fifth century by the Angles and Saxons, when they gained 
a victory over England. "The American Constitution is no 
exception to the rule that everything which has power to win 
the obedience and respect of men must have its roots deep in 
the past, and that the more slowly every institution has grown, 
so much the more enduring is it likely to prove. There is little 
in this Constitution that is absolutely new. There is much 
that is as old as Magna Charta." It was left to the brave 
American colonists who loved home and liberty to permanently 
organize and establish a system of constitutional government 
founded upon the inalienable rights of man. The idea the 
national Constitution stands for is clearly seen in the civic 
evolution of the thirteen United Colonies. Most of its princi- 
ples were discussed in conventions and enacted into laws by 
the colonies before the Constitutional Convention met. Every 
citizen, home, school, church, and colony was a voice in the 
wilderness preparing the way for this civil law of liberty ; every 
State was a university training its subjects in the ethics of a 
republic; every county and township was a school that taught 
and practiced a pure democracy. When the time came, the 
influences which sprung from the moral and intellectual wealth 
of a people trained in the school of self-reliance and self-gov- 
ernment, produced a supreme law broad enough for the people 
of the earth and capable of meting out justice to each of them. 

We now proceed to give thirty-two of the most prominent 
causes and steps that led to the framing of the national Con- 
stitution : 



MAKING OP THE CONSTITUTION. 



99 



The Nobility of Man. — God gave the inalienable right 
of self-government to the people. He did not create one king 
to have supreme civil authority over them. "And God said, 
let us make man in our image, after our likeness; and let them 
have dominion over the fish of the sea, and over the fowl of 
the air, and over the cattle, and over all the earth, and over 
every creeping thing that creepeth upon the earth." 



The Sotll. — God created man with a soul under Gcd and 
higher than kings, monarchies, and aristocracies. 



The King's Laws. — The king was the source of all law. 
He claimed the hereditary and divine right to govern without 
the consent of the people and considered himself the one sov- 
ereign power. The soul, however, was a law higher than the 
king's civil law, and, as a result, there was a clash between 
nature and the king's laws. This caused a deep restlessness 
and discontent among the people. 



The Discovery of America. — Colum- 
bus discovered America and men immigrated 
from Europe to the New World for various 
reasons. Many came to escape oppression 
and the cruelties inflicted by a tyrannical 
government. They chose to live in accord- 
ance with their own nature. 



Establishment of the Colonies.— 0ne of Columbus ' Ships - 
At different periods during the early history of the country, 




100 MAKING OF THE CONSTITUTION. 

colonies were founded in New Hampshire, Massachusetts, Con- 
necticut, Ehode Island, New Jersey, New York, Pennsylvania, 
Delaware, Maryland, A 7 irginia, North Carolina, South Carolina 
and Georgia. These colonies, having been merged and organ- 
ized, afterward became the thirteen original States. They had a 
gradual growth extending over a period from one hundred to 
one hundred and fifty years. Permanent settlements were 
made as follows: 

Virginia 1607 

New York 1614 

Massachusetts 1620 

New Jersey 1664 

New Hampshire .... 1623 

Maryland 1634 

Connecticut . 1633 

Ehode Island 1636 

Delaware 1638 

Pennsylvania 1681 

North Carolina 1663 

South Carolina 1670 

Georgia 1733 

Theodore D. Woolsey, in 
speaking of the advantage 
of there being a number 
of colonies, said: "That 
which more than all things 
else determined the future 

Of this COUntry was the Early Settlers. 

number of colonies, together with their general similarity and 
their important differences. If there could have been one vast 
colony, under one government, extending along the whole line 
of coast from the French possessions to the Spanish settle- 
ments in Florida, it might have been strong and prosperous 
possibly, but the present United States would not have grown 
upon such a foundation. There was a necessity of just such 
a series of colonies as were actually planted, all animated by 




MAKING OF THE CONSTITUTION. 



101 



a common English feeling and speaking the common English 
tongue, jet settled for different reasons, and, in a course of 
many years of self-government, developed into different enti- 
ties, as well as having distinctive characteristics." 



The Pilgrims.— The Pilgrims 
who landed at Plymouth in 1620 
deserve special consideration. 
Their religious, intellectual, 
moral, and civic aggressiveness 
made them men of results. Their 
marks are carved deep in the de- 
velopment of our country and in 
the character of our citizenship 
and institutions. They were 
thrifty, industrious, self-reliant, 
and had the power of self-govern- 
ment. The Mayflower Compact, 
which we give below, reads like 
the beginning of our government. 
It is certainly the embryo of a re- 
public: 

"In ye name of God, Amen; 
we, whose names are underwrit- 
ten, the loyal 1 subjects of our 
dread soveraigne King James;, by 
ye grace of God, of Great Brit- 
aine, Franc, and Ireland King, 
defender of ye faith, etc., haveing 
undertaken, for ye glorie of God, 
and advancemente of the Chris- 
tian Faith and honor of our king 
and countrie, a voyage to plant ye 
first colonie in ye Northerne parts 
of Virginia, doe, by these presents, 



THE MAYFLOWER. 

Mr. Edward Everett wrote con- 
cerning- the Mayflower in the 
following- language: 

"Methinks I see it now, that 
one solitary, adventurous ves- 
sel, the Mayflower of a forlorn 
hope, freighted with the pros- 
pects of a future state, and 
bound across the unknown sea. 
I behold it pursuing, with a 
thousand misgivings, the un- 
certain, the tedious voyage. 
Suns rise and set, and weeks 
and months pass, and winter 
surprises them on the deep, 
but brings them not the sight 
of the wished-for shore. I see 
them now, scantily supplied 
with provisions, crowded al- 
most to suffocation in their ill- 
stored prison, delayed by 
calms, pursuing a circuitous 
route, and now driven in fury 
before the raging tempest, on 
the high and giddy waves. 
The awful voice of the storm 
howls through the rigging; 
the laboring masts seem strain- 
ing from their base; the dis- 
mal sound of the pumps is 
heard; the ship leaps, as it 
were, madly, from billow to 
billow; the ocean breaks and 
settles with engulfing floods 
over the floating deck, and 
beats with deadening, shivering 
weight against the staggered 
vessel. I see them, escaped 
from these perils, pursuing 
their all but desperate under- 
taking, and landing at last. 
after five months' passage, on 
the ice-clad rocks of Plymouth, 
weak and weary from the voy- 
age, poorly armed, scantily 
provisioned, depending on the 
charity of their shipmaster for 
a draught of beer on board. 
drinking nothing but water on 
shore, without shelter, without 
means, surrounded by hostile 
tribes." 



solemnly and mutually, in 



102 



MAKING OF THE CONSTITUTION. 



ye presence of God, and one of another, covenant and combine 
ourselves together into a civill body politick, for our better 
ordering and preservation and furtherance of ye ends afore- 
said; and, by vertue heareof, to enact, constitute, and frame, 
such just and equall laws, ordenances, acts, constitutions, and 
offices, from time to time, as shall be thought most meete and 
convenient for ye generall good of the Colonic. Unto which 
we promise all due submission and obedience. In witness 
whereof we have hereunder subscribed our names, at Cape Codd, 
ye 11th of November, in the year of the raigne of our soveraigne 
Lord, King James, of England, France, and Ireland ye eigh- 
teenth, and of Scotland ye fifty-fourth, Anno Domini, 1620." 



Religious Zeal. — Loyalty to God and a devout faith in His 
power characterized every act and word of the colonists. They 
organized a government under 
the Mayflower Compact in or- 
der "to plant a colony for the 
glory of God, the advancement 
of the Christian faith, and the 
honor of our king." They en- 
acted the Fundamental Orders 
of Connecticut that they might 
"maintain and preserve the lib- 
erty and purity of the Gospel 
of our Lord Jesus, which we 
now profess." Prayer-meetings, sacred singing schools, Bible 
classes, and church services were organized and conducted 
in homes, log churches, and in the open air. Everything 
was done for the glory of God and for the advancement 
of man. 




Pioneer Church. 




THE LANDING OF THE PILGRIMS. 



'The Pilgrim Fathers — where are they? 

The waves that brought them o'er 
Still roll in the bay, and throw their spray 

As they break along the shore; 
Still roll in the bay, as they rolled that day 

When the Mayflower moored below, 
When the sea around was black with storms, 

And white the shore with snow. 

'The mists that wrapped the Pilgrim's sleep 

Still brood upon the tide; 
And- the rocks yet keep their watch by the deep, 

To stay its waves of pride. 
But the snow-white sail, that gave to the gale 

When the heavens looked dark, is gone; 
As an angel's wing, through an opening cloud, 

Is seen, and then withdrawn." 



104 



MAKING OF THE CONSTITUTION. 



8 



The Character and Personality of the Colonists.— 

It is true that not every person who came to the new country 
was an ideal citizen. A few were speculative fellows who came 
hoping to find a fortune without working for it. Some were 
criminals fleeing from the law of the Mother Country, and 
others came for adventure and to satisfy a fickle, vacillating, 
roaming life. There were very few, if any, grafters and corrup- 
ts onists seeking to poison the 
fountain of colonial justice. In- 
deed, the leaders of the colonists 
were moral and intellectual giants 
with broad conceptions and lib- 
eral thoughts of the true meaning 
of life. They came in response to 
a call from God, whose still 
small voice whispered the name 
of a republic in their consciences. 
They came to improve their relig- 
ious, social, educational, and ma- 
terial surroundings. They found- 
ed a State by contributing to it wiiiiam penn. 
their work, patience, lofty ideals, knowledge and wisdom, and 
their lives consecrated with love. "They live in all that per- 
petuates the remembrance of men on earth; in the recorded 
proofs of their own great actions, in the offspring of their 
intellect, in the deep engraved lines of public gratitude, and 
in the respect and homage of mankind. They live in their 
example; and they live, emphatically, and will live in the 
influence which their lives and efforts, their principles and 
opinions now exercise, and will continue to exercise, on the 
affairs of men, not only in their own country, but throughout 
the civilized world." 




'God sifted the whole nation that he might send choice grain 
out into the wilderness." 



MAKING OF THE CONSTITUTION. 



105 



9 

A School of Self-Reliance.— 

The tree was felled, the log- 
house built, the garden cleared 
and planted by the colonists. Their 
lives and habits were simple, their 
hearts were brave, their faith in- 
spiring, and their love boundless. 
They suffered great hardships 
from cold, hunger, depredations 
of savage tribes, and jealousies of 
men and kings. But all this was 
a school that trained their souls 
in sturdy manhood. It developed 
colonies of Davids armed with 
the sling of truth. The children 
were taught the principles of self- 
reliance; the girls helped their 
mothers and the boys helped their 
fathers. If they wanted whistles 
and other toys, they were required 
to gather the material from the 
forest and make them with their 
own hands. The boys learned at 
an early age to explore the un- 
known forest and work out a way 
to cross unbridged creeks and 
rivers. They were being discip- 
lined for a great purpose, for a great conflict for 1 freedom. 




Herbert Spencer. 



Herbert Spencer, in writing of 
future civilization, said: 

"It is to be inferred from 
biological truths that the event- 
ual mixture of the allied varie- 
ties of the Aryan race will pro- 
duce a more powerful type of 
man than has hitherto existed — 
a type more plastic, more 
adaptable, and more capable of 
understanding the modification 
needful for complete social 
life, and that whatever tribu- 
lations they may have to pass 
through, the Americans may 
reasonably look forward to a 
time when they will have pro- 
duced a civilization grander 
than any the world has known." 



10 

The Church and the School.— The colonists knew that 
the boys and girls who were to become the next generation 
must be directed in their education, or else a self -enslaved and 
oppressed people would ultimately inhabit the colonies. 



106 



MAKING OF THE CONSTITUTION. 



They believed in schools and churches and made great 
sacrifices in order to have them. The following school law 
was enacted in Massachusetts in 1647: "Every township in 




Old North Church. 



this jurisdiction, after the Lord hath increased them to the 
number of fifty householders, shall then forthwith appoint one 
within their town to teach all such children as shall resort to 



MAKING OF THE CONSTITUTION. 



107 



him to write and read . . . ; also that where any town shall 
increase to the number of one hundred householders, they shall 
set up a grammar school, the master thereof being able to 
instruct youth as far as they may be fitted for the university." 

Horace Mann wrote: ''In 1647 when a few scattered and 
feeble settlements, almost buried in the depths of the forest, 
were all that constituted the colony of Massachusetts; when 
the entire population consisted of twenty-one thousand souls; 
when the external means of the people were small, their dwell- 
ings humble, and their raiment and substance scanty and 
homely; when the whole valuation of all the colonial estates, 
both public and private, would hardly equal the inventory of 
many a private individual at the present day; when the fierce 
eye of the savage was nightly 
seen glaring from the edge of the 
surrounding wilderness and no 
defense was at hand — it was 
then, amid all these privations 
and dangers, that the Pilgrim 
Fathers conceived the magnifi- 
cent idea of a free and universal 
education for the people. And 
amid all their poverty they stint- 
ed themselves to a still scantier 
pittance; amid all their toils they 
imposed upon themselves still 
more burdensome labors; amid all their perils they braved still 
greater dangers, that they might find the time and the means 
to reduce their grand conception to practice." 

"Two divine ideas filled their hearts — their duty to God 
and to posterity. For the one they built the church; for the 
other the} 7 opened the school. Keligion and knowledge! Two 
attributes of the same glorious and eternal truth, and that 
truth the only one upon which immortal or mortal happiness 
can be securely founded." 




Roger Williams' Church in Salem (1633> . 




108 MAKING OF THE CONSTITUTION. 

11 

The Tyrannical King.— King Charles II. was a self- 
enslaved, dissipated egotist without principle or honor. The 
colonists were free men in the world of self, but were under the 
fictitious civil authority of this king, who claimed the "Divine 
Right" to rule and oppress the people. He knew he was 
unworthy the humblest colonist, and he was 
afraid these great men might get from under 
his rule and establish before an enlightened 
people and a just God their rights to govern 
themselves. He could not have failed to real- 
ize the lofty sentiment and brave spirit 
which caused the colonists to seek refuge in 
a new country, where liberty and life in their 
best and broadest meaning could be secured. Charles n * 

The king and his supporters decided they needed more money 
as well as wine, and they declared that America and Americans 
were made for the king cf England and that the "colonists 
existed to fill the treasury of the Mother Country." 

12 

Colonial Prosperity and Commerce. — A vast continent 
full of resources was before the colonists, and they knew that 
intelligent labor was the genius that would produce commer- 
cial prosperity. They were not only industrious, but temperate 
and economical. They made great progress in agriculture, 
lumbering, fisheries, and other enterprises, and they developed 
wealth and commercial power rapidly. While they were labor- 
ing to make an honest living and to educate their children and 
to secure the means to build churches and schools and help 
humanity, the king of Great Britain and his assistants were 
living a dissipated life. The only interest the king had in the 
colonies was one prompted by a desire to increase the wealth 
and power of the Mother Country — an interest indeed that did 
not extend bevond commerce. Lord Sheffield remarked: "The 



MAKING OF THE CONSTITUTION. 109 

only use of the American colonies is the monopoly of their 
consumption and the carriage of their produce." The king 
wanted more money; and watched the commercial develop- 
ment of the colonies and instituted plans to take away from 
them the product of their toil by the passing of exacting laws 
and a policy of oppression. 

13 

The League of the New England Colonies.— A league 
that lasted forty-one years was formed in 1643 by Massachu- 
setts, Plymouth, New Haven, and Connecticut. "Later New 
Hampshire became a member of 1 the league, but the two other 
New England colonies, Rhode Island and Maine, which we 
might have expected to find included also, were left out on 
religious grounds." This union was for mutual protection 
against the Indians, and to resist the encroachments of the 
Dutch and the French. It was known as the "League of the 
New England Colonies." Two commissioners from each colony 
met in one council to manage the affairs of the league. It had 
great influence in developing self-government and in creating 
a sentiment for union among the colonists. 



14 

The Albany Congress. — In 1754, more than one hundred 
years after the formation of the league, the king of England ad- 
vised the colonies to unite for a common defense. This was done 
on account of the strained relations between the French and the 
English over their possessions in America. At a congress 
called at Albany in 1754, Massachusetts, New Hampshire, 
Rhode Island, Connecticut, New York, Pennsylvania, and 
Maryland were represented. This congress agreed on a plan 
of government furnished by Benjamin Franklin, but the king 
thought it gave the colonies too much power; and, as a result, 
it never went into effect. This congress, however, brought the 
colonies closer together and offered them additional oppor- 



110 MAKING OF THE CONSTITUTION. 

tunities to study their needs and the principles of self-govern- 
ment. The charter of the League of the New England Colonies, 
and Franklin's and Penn ? s plan of union, and other documents, 
which led to the formation of the Constitution, are given in the 
appendix to this book. 

15 

The Navigation Acts. — Many laws of oppression were 
passed by the English government. They first decided that all 
trade with the colonies must be in English ships, and a little 
later they added "English-built ships." New laws required 
the colonies to purchase only in the English market. Then a 
five-per-cent. tax was put upon all colonial imports and exports. 
The colonies were not allowed to buy a paper of pins or a 
pocket knife or any other article from any country but Eng- 
land. A general system of oppression by taxation without the 
consent of the colonies was instituted. The colonies were 
growing and gaining strength. They were making money, and 
the king wanted it. He put no moral conscience in his methods 
of enriching himself and the Mother Country. Writs were 
issued permitting property and stores to be searched for smug- 
gled goods. This caused great excitement and indignation 
among the merchants and the people. In 1761 James Otis 
championed the right of the colonies and led a campaign 
against the policy of England. 

16 

The Stamp Act Congress. — King George III. and his 
ministry, now at the head of the government of England, 
believed in taxing the colonies, though they opposed extending 
representation to them. They paid no attention to the griev- 
ances or petitions of the colonies. Eleven years passed after 
the dissolution of the Albany Convention before another inter- 
colonial congress met. 

On March 22, 1765, the famous Stamp Act was passed by 
the Parliament of England without the consent of the people of 



MAKING OF THE CONSTITUTION. 



Ill 



the colonies. This imposed "stamp 
duties on all legal documents, mar- 
riage licenses, and publications of 
every description." The colonies justly 
claimed that the English government 
had no right to tax them without rep- 
resentation. The people objected and 
stood almost as a unit against the con- 
duct of England. This led to the call- 
ing of the Stamp Act Congress, which 
met in New York, October 7, 1765. All 
the colonies, except New Hampshire, 
Georgia, Virginia, and North Carolina 
were represented. This Congress sent 
a communication to the king of England, petitioned Parliament, 
and declared in favor of the natural rights of the colonies. 




George III. 



17 

A General Statement of Rights.— In 1767 many acts 
passed Parliament which virtually destroyed the self-govern- 
ment of the colonies and made the policy of England more 



despotical than before. 
Townshend Act. 



Among 



the acts passed were the 




Faneuil Hall, " The Cradle of Liberty. 



In 1768 Samuel Adams, then a 
member of the Assembly of Mas- 
sachusetts, was instructed by the 
Legislature of his State to write 
letters to all the colonies, asking 
them to join Massachusetts in re- 
sisting the Townshend and other 
unjust acts. They responded, 
agreeing to join in such an effort. 
The ministry of England called 
the letter written by Adams "an 
act of rebellion" and demanded 
that the Massachusetts Assembly 



112 MAKING OP THE CONSTITUTION. 

rescind it. But the Assembly by an overwhelming vote 
refused; whereupon it was dissolved by the authority of Eng- 
land through the Governor of Massachusetts. The Assemblies 
of other States were also dissolved by their Governors. The 
people of the colonies were angry, and they very properly felt 
that they had been outraged by the tyranny of England. Town 
meetings to give expression to popular sentiment were held in 
Boston and thronged Faneuil Hall, which from that day 
has been called the "Cradle of Liberty." 

In 1768 while the Townshend and other tyrannical acts 
were being enforced, citizens of Boston were being impressed 
as seamen. John Hancock's sloop, "Liberty," was seized. 
English troops were being sent to Boston, and a general dis- 
content prevailed over all the country. It was at this time 
that Samuel Adams, under the signature "Vindex," wrote a 
number of articles in order to show: 

1. "That a standing army for the king in time of peace 
without the consent of Parliament was against the law." 

2. "That the consent of Parliament necessarily implied the 
consent of the people, who were always present at Parliament, 
either by themselves or by their representatives." 

3. "That the Americans, as they were not there, could not 
be represented in Parliament, and were therefore under mili- 
tary rule, under which they were allowed to exercise no 
control." 

18 

Colonial Committees of Correspondence. — In 1773 a 
plan was devised to keep the colonies in touch with each other. 
This was done through the appointment of colonial committees 
of correspondence. Massachusetts had previously adopted the 
plan of having various local committees of correspondence rep- 
resenting her different toAvns and communities. It was the 
duty of these local committees to consider the rights and 
grievances of citizens and to ascertain the public opinion in 
regard to them and report the same to the State government. 
Virginia was pleased with the thought embodied in this plan 



MAKING OF THE CONSTITUTION. 



113 



and suggested that it be carried further and not; only have 
local committees for each State but that a system of colonial 
committees of correspondence be appointed. The object of 
these committees was to bring the colonies closer together, 
create bureaus of information, and secure the highest co-oper- 
ation between all of the colonies. A committee was appointed 
by the Virginia Assembly in 1773. All the other colonies 
followed her example, except Pennsylvania. This step had a 
great influence in bringing the colonies closer together, and, 
no doubt, had much to do in the creating of sentiment for an 
indissoluble Union. 

19 

The Tea Thrown Overboard. — Duties were laid upon 
paint, lead, glass, paper, and tea without the consent or 
advice of the colonies. They made a vigorous protest, which, 
was at first unheeded; but 

the feeling grew so intense ,.> , r ., 

that the English government 
repealed the tax on all the 
articles except tea and re- 
tained the tax on this in or- 
der to show England's au- 
thority and establish its 
power to tax a people with- 
out their representation. 
This act only defined the is- 
sue and intensified the feel- 
ings of an outraged people. 
It was not the payment of 
money for taxes they object- 
ed to so much as the princi- 
ple involved. They refused 
to purchase tea. The Brit- 
ish vessels, loaded with tea, 
were boarded one night by 

patriots disguised as Indians, The Boston "Tea Party.' 




114 



MAKING OF THE CONSTITUTION. 



who threw the tea overboard. Possibly no one incident in the 
history of the colonies did more than the throwing of the tea 
overboard, to widen the breach between the English and 
colonial governments. 



20 



The First Continental Con- 
gress. — During the nine years 
that elapsed between the meeting 
of the Stamp Act Congress and 
the First Continental Congress 
many interesting and stirring 
events happened. 

A popular sentiment for the 
union of the colonies had grown, 
and, on the recommendation of 
the Court of Massachusetts, in 
which Samuel Adams played a 
prominent and bold hand, the 
First Continental Congress was 
called to meet at Philadelphia, 
September 5, 1774. It was in the 
eyes of England a revolutionary 
body. Strong declarations of 
rights were adopted by this con- 
gress. "In some cases some of the 
delegates to Congress were ap- 
pointed by the Lower House of 
the Assembly, and in other cases 
by conventions of the people." All 
the colonies were represented, ex- 
cept Georgia. This Congress rec- 
ommended the calling of another 
year. 




Samuel Adams. 

Copyright by A. W. Elson & Co. 

Boston. 



Driven from every other corner 
of the earth, freedom of thought 
and the right of private judg- 
ment in matters of conscience 
direct their course to this hap- 
py country as their last asy- 
lum. Let us cherish the noble 
•guests! Let us shelter them 
under the wings of universal 
toleration! Be this the seat 
of unbounded religious free- 
dom! She will bring with her, 
in her train, industry, wisdom, 
and commerce. 

— Samuel Adams. 



Congress in May of the next 



MAKING OF THE CONSTITUTION. 115 

Mr. Friedenwald, in his excellent book on the Declaration 
of Independence, says: "In the meantime, as assemblies were 
being* prorogued throughout the colonies, and as this adminis- 
trative machinery was in danger of breaking down, recourse 
was had to a new expedient for political control, the committees 
of correspondence. At first appointed by the assemblies, they 
gradually came into existence almost everywhere by original 
authority of the people, and their variety of forms made neces- 
sary by difference of conditions, is a striking witness to the 
wide diffusion of, familiarity with, and capacity for political 
organization. They served to keep the colonists in touch with 
each other, by extending their activities even beyond the 
bounds of the individual colonies. They thus performed the 
function of an intercolonial clearing house, through which the 
inhabitants of one colony were made familiar with the occur- 
rences taking place in another. When, therefore, Great Britain 
in 1774 began her policy of attempting to coerce the colonies 
into submission, it was too late to meet with success, for an 
effective instrument for resistance had been developed as the 
result of the previous ten years of discussion. Moreover, as 
was ultimately proved, the colonists were willing to sacrifice 
their all for the maintenance of the principles which they firmly 
believed were involved. Familiarity with the uses to which 
their extra-legal committee organizations could be put, for 
purposes of colonial and intercolonial communication, made it 
natural that still greater reliance should be placed upon them 
when the question of convening a continental congress for 
mutual support was before them. Thus it happened, that of 
the twelve colonies sending delegates to the Congress, but fixe 
acted through their assemblies, though three of these were so 
completely in control of the revolutionists as scarcely to be of 
significance in this connection. All of the remaining delega- 
tions were chosen by some form of committee organization. 

The Congress which convened at Carpenter's Hall in Phil- 
adelphia on September 5, 1774, had, therefore, a much more 
popular basis than any Congress heretofore called together." 



116 



MAKING OF THE CONSTITUTION. 




Independence Hall, Philadelphia. 
From a Carbon Photograph, Copyright 1898 by A. W. Elson & Co., Boston. 



21 

Second Continental Congress. — The Second Continental 
Congress convened in Independence Hall, Philadelphia, Penn- 
sylvania, May 10, 1775, and existed until March 4, 1789. All 






MAKING OF THE CONSTITUTION. 117 

the thirteen colonies were represented. George Washington, 
John Adams, John Jar, Peyton Randolph, Roger Sherman, 
Richard Henry Lee, Patrick Henry, Benjamin Franklin, and 
many more of the greatest men known in American history 
were delegates to this Congress. Possibly no congress of men 
in the history of the world has ever represented so much 
knowledge and wisdom and devotion to country and right as 
the delegates to this Continental Congress. "Early in its history 
this Second Congress had drafted a new petition to the king, 
generally known as the 'olive branch' petition. To this the 
king did not even pay the courtesy of a formal answer. 
Instead, he issued a proclamation declaring the colonists to be 
rebels, closing the American ports, and warning foreign 
nations not to trade." While the petitions of the colonies hacl 
failed to secure a cessation of oppression and unjust legislation, 
it was still believed at the time of the assembling of the 
congress that some kind of compromise could be made. But, 
shortly after they assembled it became apparent that they 
would be forced to declare their independence and fight for 
their liberty. The battle of Lexington was fought April 19, 
1775, and many wrongs and open injustices were practiced 
before the Continental Congress took decisive action. It was 
during this Congress that Patrick Henry used the follow- 
ing historical words: "British oppression has effaced the 
boundaries of the several colonies; the distinctions between 
Virginians, Pennsylvanians, New Yorkers, and New England- 



22 

Epitome of the Acts of King George III.— "The fol- 
lowing is an epitome of the first sixteen years of his reign: 
The colonies were taxed internally and externally; their essen- 
tial interests sacrificed to individuals in Great Britain: their 
Legislatures suspended; charters annulled; trials by jury taken 
away; their persons subjected to transportation across the 
Atlantic, and to trial before foreign judicatories; their suppli- 



MAKING OF THE CONSTITUTION. 



119 



cations for redress thought be- 
neath answer; themselves publish- 
ed as cowards in the councils of 
their mother country and courts 
of Europe; armed troops sent 
among them to enforce submis- 
sion to these violences; and actual 
hostilities commenced against 
them. No alternative was pre- 
sented but resistance or uncondi- 
tional submission. Between these 
there could be no hesitation. 
They closed in the appeal to arms. 
They declared themselves inde- 
pendent States. They confederat- 
ed together into one great repub- 
lic, thus securing to every State 
the benefit of an union of their 
whole force." 

— Thomas Jefferson. 

23 

Independence Declared.— On 

May 15, 1776, Virginia instruct- 
ed her delegates in the Con- 
tinental Congress to propose a 
declaration of independence of the 
colonies. The sentiment for inde- 
pendence had grown rapidly, and 
Congress appointed, June 11, 1776, 
a committee of five to draft articles 
mittee was composed of Thomas Jefferson, Samuel Adams, 
Benjamin Franklin, Roger Sherman, and B. B. Livingston. 
Jefferson wrote the declaration. 

Mr. Richard Henry Bee introduced into the Continental 
Congress, June 7, 1776, a resolution declaring the independence 



Mr- Richard Henry Lee, in speak- 
ing of the resolution declaring 
the independence of the colon- 
ies, said in part: 

"The time will certainly come 
when the fated separation be- 
tween the mother country and 
these colonies must take place, 
whether you will or not, for it 
is so decreed by the very na- 
ture of things, by the progress- 
ive increase of our population, 
the fertility of our soil, the ex- 
tent of our territory, the in- 
dustry of our countrymen, and 
the immensity of the ocean 
which separates the two coun- 
tries. And if this be true, as 
it is most true, who does not 
see that the sooner it takes 
place the better — that it would 
be the height of folly not to 
seize the present occasion, 
when British injustice has 
filled all hearts with indigna- 
tion, inspired all minds with 
courage, united all opinions in 
one, and put arms in every 
hand? And how long must we 
traverse three thousand miles 
of stormy sea to solicit of arro- 
gant and insolent men either 
counsel or commands to regu- 
late our domestic affairs? From 
what we have already achieved 
it is easy to presume what we 
shall hereafter accomplish. Ex- 
perience is the source of sage 
counsels, and liberty is the 
mother of great men. Have 
you not seen the enemy driven 
from Lexington by citizens 
armed and assembled in one 
day? Already their most cel- 
ebrated generals have yielded 
in Boston to the skill of ours. 
Already their seamen, repulsed 
from our coasts, wander over 
the ocean, the sport of tem- 
pests and the prey of famine. 
Let us hail the favorable omen, 
and fight, not for the sake of 
knowing on what terms we are 
to be the slaves of England. 
but to secure to ourselves a 
free existence, to found a just 
and independent government." 



of declaration. The com- 



120 MAKING OF THE CONSTITUTION. 

of the united colonies. The resolution was seconded by John 
Adams. A great debate, which lasted until the 10th, followed 
the introduction of the resolution. Further consideration of 
the resolution was postponed until July 1st. On July 2d the 
Continental Congress, representing all the colonies except New 
York, adopted the resolution which is given below: 

"Resolved, That these United Colonies are, and of right 
ought to be, free and independent States; that they are absolved 
from all allegiance to the British crown, and that all political 
connection between them and the State of Great Britain is, and 
ought to be, totally dissolved." 

24 

The Birth of the Nation. — It is difficult for an American 
of this age, when all patriots believe in and are loyal to the 
Federal government^ to fully realize the separatenesis of the 
colonies during the period of civic evolution that finally led to 
the organization and establishment of our Union. It took a 
century and a half even after the formation of the first inter- 
colonial league before the American government could be 
established under the Federal Constitution. If nature and 
necessity had not demanded union, it is more than likely that 
this country of ours, instead of being one nation, would have 
been composed of several Federal Commonwealths. Mr. Boyn- 
ton, in his excellent book on civics, says: "It may fairly be 
said that until the revolution was actually upon them, the 
colonies were more distinctly conscious of their separateness 
than their unity, and, on the whole, more desirous of maintain- 
ing it. From the beginning every colony had been politically 
separate from every other; and if, as happened once or twice, 
a league was formed for the accomplishment of a specific pur- 
pose, the colonies concerned took good care to make it clear 
that they meant to surrender no part of their independence. 
In spite of their physical nearness there was no more political 
connection between New York and Virginia than between New 
York and the British possessions in India. Both were more 






122 MAKING OF THE CONSTITUTION. 

or less directly subject to the home government, and that was 
all. Even geographically, the colonies were less closely united 
than they seem to us now. Had they been planted along some 
great interior waterway like the Mississippi, commercial neces- 
sities would soon have forced them into some sort of union; 
but scattered, as they were, along the coast, each possessing 
its own coast line, its own harbors, and its own interior water- 
ways, it was possible for them to remain for an indefinite 
period commercially independent of each other. Moreover, 
communication between the colonies was by no means easy. 
In the stormy winter the voyage along the coast was dangerous 
and difficult, while the land journey, lying often through path- 
less wildernesses, was even slower and more perilous. To 
travel from Charleston to Boston by land required as much 
time and involved no fewer hardships than did a voyage across 
the ocean. Industrial differences, too, kept the colonies apart. 
Here shipping was the chief industry; there wealth consisted 
principally of slaves; elsewhere the population was made up 
mostly of small farmers. And, finally, it should be remembered 
population was in many regions so sparse and governmental 
action so little felt either in the way of assistance or restraint, 
that many of the colonies hesitated to subject themselves to 
a new government lest they should lose their cherished inde< 
pendence. Of local pride and patriotism there was enough and 
to spare; but it was only the stress of the approaching 
revolution that quickened into life the feeling of national unity. 
Until then, as has been said, 'with the exception of the larger 
spirits, Carolinians were content to be Carolinians, Virginians 
to be Virginians, New Yorkers to be New Yorkers/ " 

The committee appointed by the Second Continental Con- 
gress reported the Declaration of Independence, and it was 
adopted July 4, 1776. Its adoption was the birth of a new 
nation embodying the progressive idea of the colonies and of 
the civilized countries of the world. Every word of the declar- 
ation was dictated by a deep love for humanity and a breadth 
and depth of thought that can only possess men of piety and 
courage. It was a righteous soul-asserting power that caused 
them to declare as follows: 



MAKING OF THE CONSTITUTION. 123 

"We, therefore, the representatives of the United States 
of America in General Congress assembled, appealing to the 
Supreme Judge of the world for the rectitude of our intentions, 
do, in the name, and by the authority of the good people of 
these colonies, solemnly publish and declare, that these United 
Colonies are, and of right ought to be, free and independent 
States; that they are absolved from all allegiance to the British 
crown, and that all political connection between them and the 
State of Great Britain is, and ought to be, totally dissolved; 
and that, as free and independent States, they have full power 
to levy war, conclude peace, contract alliances, establish com- 
merce, and do all other acts and things which independent 
States may of right do. And for the support of this declaration, 
with firm reliance on the protection of Divine Providence, we 
mutually pledge to each other, our lives, our fortunes, and our 
sacred honor." 

Continental Congresses continued to meet with only short 
periods of intermission from this time until the ratification of 
our present Constitution. 

Reflections on the Declaration of Independence.— The 
Declaration of Independence made the Revolutionary War 
imminent. 

It changed the colonies into American Commonwealths by 
severing the bonds that bound them to England. 

It made out of these States a Union known as the United 
States of America. 

It unified the desires and efforts of the colonies and brought 
about a concerted effort for independence. 

It created a union with authority to appoint a commander- 
in-chief and to wage war in the interest of liberty. 

It caused the States to re-organize their governments and 
adjust their laws in order to make them harmonize with the 
governmental authority expressed in the Declaration of Inde- 
pendence. 

It finally led to a com])lete overthrow of the tyrannical rule 
of England and to the establishment of our great republic that 
now stands first among the nations of the world. 



LIBERTY BELL. 

' ' There was a time when the echo of that Bell awoke a world slumbering in tyranny and crime. ' 




The Liberty Bell was cast in England in 1752. It is now fractured, but is 
carefully preserved as a sacred historical relic of the past. The ringing of 
the bell in Independence Hall, Philadelphia, announced the adoption of the Dec- 
laration of Independence. 

"That old State-house bell is silent, 

Hushed is now its clamorous tongue, 
But the spirit it awakened 

Still is living — ever young; 
And when we greet the smiling sunlight, 

On the Fourth of each July, 
We will ne'er forget the bell-man, 

Who. betwixt the earth and sky, 
Rang out loudly, 'Independence!' 

Which, please God, shall never die." 



MAKING OF THE CONSTITUTION. 



125 



25 

Articles of Confederation. — The Americans knew that 
their action in declaring they were free and independent would 
precipitate a fierce struggle with England, and the Second 
Continental Congress took immediate steps to form a stronger 
central government. A committee was appointed to prepare 
a plan and write a Constitution, and, as a result, the Articles 
of Confederation were reported. They were adopted November 
15, 1777. They were ratified by all of the thirteen States. 
Maryland did not ratify until March 1, 1781, which was nearly 
five years after the Declaration of Independence. 

26 

The Revolution. — The colonists never had any intention 
of declaring their independence until after the Second Conti- 




THE REVOLUTION. 

The following - interesting' lines were 
written by Mr. George Bancroft: - 

"The American Revolution, essaying to 
unfold the principles which organized its 
events, and bound to keep faith with the 
ashes of its heroes, was most radical in its 
character, yet achieved with such benign 
tranquillity that even conservatism hesi- 
tated to censure. A civil war armed men 
of the same ancestry against each other, 
yet for the advancement of the principles 
of everlasting peace and universal brother- 
hood. A new plebeian democracy took its 
place by the side of the proudest empires. 
Religion was disenthralled from civil insti- 
tutions; thought obtained for itself free ut- 
terance by speech and by the press; industry 
was commissioned to follow the bent of its 
own genius; the system of commercial re- 
strictions between States was reprobated 
and shattered, and the oceans were enfran- 
chised for every peaceful keel. Internation- 
al law was humanized and softened, and a 
new, milder, and more just maritime code 
was concerted and enforced. The trade 
in slaves was branded and restrained. The 
language of Bacon and Milton, of Chat- 
ham and Washington, became so diffused 
that, in every zone, and almost in every 
longtitude. childhood lisps the English 
tongue. The equality of all men was declared, personal freedom secured 
in its complete individuality, and common consent recognized as the only 
just origin of fundamental laws, so that in thirteen separate States, 
with ample territory for creating more, the inhabitants of each formed their 
own political institutions. By the side of the principle of the freedom of the 
individual and the freedom of the separate States, the noblest work of human 
intellect was consummated in a Federal Union, and that union put away every 
motive to its destruction by insuring to each successive generation the right 
to amend its Constitution according to the increasing intelligence of the liv- 
ing people." 



George Bancroft. 



126 MAKING OF THE CONSTITUTION. 

nental Congress had assembled and the battles of Lexington 
and Concord had been fought. However, the War of the 
Eevolution was, from the time of the landing of the Pilgrims, 
inevitable. It was the natural protest of a great people, 
trained in a new world of self-reliance, where all men were 
taught to respect and love individual liberty and the sovereign 
rights of all the people. It was a fight for the freedom of an 
enlightened conscience against arbitrary powers and tyranny. 



27 



Defects in the Articles of Confederation.— Under the 

Articles of Confederation the supreme civil power remained in 
each State. The government of the thirteen united colonies 
was, under the Articles of Confederation, of the nature of an 
agreement between States for the common defense of all the 
people of the States. Under this form of government there 
could be no nation, for each State retained its sovereignty and 
independence. The following are a few of the leading defects 
of the Articles of Confederation: 

1. It provided for only one department of government 
vested in a Congress. 

2. The Congress consisted of but one House. 

3. Congress could make certain laws, but could not enforce 
them. 

4. It could lay taxes for the ordinary expenses of the gov- 
ernment, but could not enforce the payment of such taxes. 

5. It had no power to regulate foreign commerce, assess 
duties, or collect them. 

6. It had no power to enforce treaties. 

7. The sovereignty of each State being higher than the 
authority of the Confederation of the Thirteen Colonies, 
there was no central power to settle differences between States. 

8. Each State, regardless of population, had but one vote. 

9. It had no Federal Judiciary. 

10. The articles could not be amended except by a unani- 
mous vote. 



. 



MAKING OF THE CONSTITUTION. 



127 



The different States withdrew by degrees their influence 
from the central government. The work of Congress was 
frequently blocked or delayed on account of the States failing 
to send sufficient delegates to transact important business. 
^National appeals for money went unheeded, a general dissatis- 
faction among the States in their 
relations to each other existed. 
They were involved in frequent 
quarrels over questions of trade 
and other matters. Many diffi- 
cult, vexing, and dangerous con- 
ditions threatened the liberties 
and rights of the people on ac- 
count of the loose and defective 
government under which they op- 
erated. Under the Articles of 
Confederation, the general govern- 
ment was helpless and could do 
but little to relieve the internal 
distress of the States and secure 
order and justice for all the peo- 
ple. It became evident to the pub- 
lic mind, in 1786, that the Articles 
of Confederation would have to be 
amended in order to right the 
wrongs that existed. 




Franklin. 



28 

The Constitutional Conven- 
tion. — We have seen that the 
States under the Articles of Con- 
federation experienced much diffi- 
culty in solving many questions 
that came before them. The reg- 
ulation of commerce between the 
States was especially difficult A 



The following - words were 
spoken in the Constitutional 
Convention by Franklin: 

"How has it happened, sir, 
that we have not hitherto once 
thought of humbly applying to 
the Father of Light to illum- 
inate our understandings? In 
the beginning of the contest 
with Britain, when we were 
sensible of danger, we had 
daily prayers in this room for 
the divine protection. Our 
prayers, sir, were heard, and 
they were graciously answered. 
Have we now forgotten that 
Powerful Friend, or do we im- 
agine we no longer need His 
assistance? I have lived, sir. 
a long time; and the longer I 
live the more convincing 
proofs I see of this truth, that 
God governs in the affairs of 
men. And if a sparrow can 
not fall to the ground without 
His notice, is it probable that 
an empire can rise without 
His aid?" 



128 MAKING OF THE CONSTITUTION. 

difference arose between Virginia and Maryland over naviga- 
tion on the Potomac River and the Chesapeake Bay, and in 1785 
a commission from these two States was appointed to meet at 
Alexandria for the purpose of adjusting these difficulties. This 
was the beginning of a movement that finally led to the calling 
of the Constitutional Convention, for before that commission 
adjourned the Virginia delegates proposed the calling of 
another commission to be composed of the delegates from all 
the States to meet in Annapolis for the purpose of discussing 
trade and other relations. The proposal met with favor and 
the convention was called to meet at Annapolis in 1786. When 
the time arrived for calling the convention together for the 
transaction of business, it was found that representatives were 
present from only five States. With this incomplete represen- 
tation, the convention decided that it would be useless to 
consider the real purpose for which the convention had 
assembled. It was discovered, however, that the delegates 
present were strongly in favor of revising the Articles of Con- 
federation, and, on motion, the commission passed a resolution 
recommending a convention of delegates from all of the States 
to meet in convention for the purpose of changing the articles. 
Copies of the resolution were sent to Congress, and the Legis- 
latures of different States. 

The Second Continental Congress passed a resolution Feb- 
ruary 21, 1787, calling a convention from the several States 
to meet at Philadelphia on the second Monday in May, 1787, 
for the purpose of revising the Articles of Confederation and 
offering such amendments as the convention deemed necessary. 
It was May 14th, however, before enough delegates had arrived 
to enable the convention to organize for the transaction of 
business. The convention held daily sessions behind closed 
doors for four months. Men of great ability, intelligence, 
character, patriotism, political foresight, took the lead in the 
work of the convention. Washington, Franklin, Hamilton, 
Madison, Mason, Bandolph, Dickinson, and many more great 
Americans were members of the convention. The Federal Con- 
stitution speaks for the work of the convention. 



MAKING OF THE CONSTITUTION. 129 

29 

Report of the Constitutional Convention.— The follow- 
ing resolution, adopted by the Constitutional Convention, 
together with a copy of the proposed new Constitution and a 
letter from General Washington, president of the convention, 
was sent to the Continental Congress : 

"In Convention, Monday, September 17, 1787. 

"Resolved, That the preceding Constitution be laid before 
the United States in Congress assembled, and that it is the 
opinion of this convention that it should afterward be sub- 
mitted to a convention of delegates, chosen in each State by 
the people thereof, under the recommendation of its Legisla- 
ture, for their assent and ratification ; and that each convention 
assenting to and ratifying the same, should give notice thereof 
to the United States in Congress assembled. 

"Resolved, That it is the opinion of this convention that as 
soon as the conventions of nine States shall have ratified this 
Constitution, the United States in Congress assembled should 
fix a day on which electors should be appointed by the States 
which shall have ratified the same, and a day on which the 
electors should assemble to vote for the President, and the 
time and place for commencing proceedings under this Con- 
stitution. That after such publication the electors should be 
appointed and the Senators and Representatives elected; that 
the electors should meet on the day fixed for the election of 
the President, and should transmit their votes, certified, 
signed, sealed, and directed, as the Constitution requires, to 
the Secretary of the United States in Congress assembled; that 
the Senators and Representatives should convene at the time 
and place assigned; that the Senators should appoint a Presi- 
dent of the Senate for the sole purpose of receiving, opening. 
and counting the votes for the President; and that, after he 
shall be chosen, the Congress, together with the President, 
should, without delay, proceed to execute this Constitution. 

"Ry the unanimous order of the Convention, 

"GEORGE WASHINGTON, President 

"WILLIAM JACKSON, Secretary." 



130 



MAKING OF THE CONSTITUTION. 

30 



The New Constitution Submitted to the States by 

the Continental Congress.— On receipt of the report of the 
convention, Congress passed the following resolution: 

"Resolved, unanimously, That the said report, with the 
resolutions and letter accompanying the same, be transmitted 





James Madison. Alexander Hamilton. 

to the several Legislatures in 
order to be submitted to a con- 
vention of delegates chosen in 
each State by the people thereof, 
in conformity to the resolves of 
the convention made and pro- 
vided in that case." 

31 

Ratification. — Conventio n s 
were called in the different States 
to ratify the new Constitution. 
The most intense excitement fol- 
lowed. The work of the Constitu- 

Jonn Jay. 
tlOnal Convention Was attacked Copyright by A. W. Elson & Co., Boston. 




MAKING OF THE CONSTITUTION. 



131 



from all sides. The new Constitution was regarded by many 
as a weak and dangerous instrument. Myriads of objections 
were made. Hamilton, assisted by Madison and Jay, took an 
active part and exerted great influence in securing the ratifi- 
cation of the Constitution. Their replies to objections and 
their arguments for the adoption of the Constitution w T ere 
published in a series of papers known as "The Federalist." 
These papers are still regarded by the ablest men as most 
valuable treatises on the National Constitution. The work of 
these three great men, as well as many others, silenced all 
attacks and convinced the people that it was to their interest 
to ratify the action of the convention and accept the change 
proposed by it. 



32 



General George 
Washington Elected 
President. —The Conti- 
nental Congress on July 
2, 1788, received infor- 
mation that New Hamp- 
shire had ratified the 
Constitution. This made 
the nine States neces- 
sary to ratify the Con- 
stitution. A sufficient 
number of States hav- 
ing ratified the Consti- 
tution, Congress immed- 
iately appointed a com- 
mittee to examine the 
ratification of the dif- 
ferent States and to re- 
port an act for putting 
the Constitution into 
operation. The resolu- 



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Washington taking the oath of office administered by Chan- 
cellor Livingston, on April 30, 1789, at Federal Hall, site 
of the present Sub-Treasury in New York. 

"Courtesy of Leslie's Weekly, Copyright 1905 
by Judge Co." 



132 MAKING OF THE CONSTITUTION. 

tion which we give below was reported by the committee July 
14, 1788. and debated till September 13, 1788: 

"Resolved, That the first Wednesday in January next be the 
day for appointing electors in the several States, which, before 
the said day, shall have ratified the said Constitution; that the 
first Wednesday in February next be the day for the electors 
to assemble in their respective States and vote for a President ; 
and that the first Wednesday in March, 1789, be the time, and 
the present seat of Congress the place, for commencing pro- 
ceedings under the said Constitution." 

The first Wednesday in March was on the fourth day of 
that month. The 4th has been the beginning of the govern- 
mental year since the inauguration of the government under 
the Constitution. The President begins his term of office on 
the 4th of March. The first Congress was called to meet on 
the 4th of March, but a quorum was not secured and organi- 
zation perfected until April 6th. The electoral votes of the 
States were then counted in the presence of both Houses. 
George Washington received every vote cast, which was 
sixty-nine in all, and he was declared elected President of the 
United States. He was inaugurated April 30, 1789, in the 
city of New York. 



SUGGESTIVE QUESTIONS. 

Was the sovereignty planted by God in the minds of the people of the 

colonies higher than the artificial civil authority of the king of 

England? 
How far back can you trace the beginning of the Constitution? 
Give a general idea of the civic evolution that led to the formation of 

the Constitution. 
Name thirty-two steps and causes mentioned in this chapter that aided 

in the making of our nation. 
Over how long a period did the attempts at union extand? 
Name the thirteen united colonies* and give the date of settlement of each. 
What is said in this chapter concerning the Pilgrims? 
In what way was religious zeal helpful to the colonists in forming a 

government? 
Tell something of the personality and the character of the colonists. 
What is said about self-reliance as a factor in organizing and maintaining 

a government? 



MAKING OF THE CONSTITUTION. 133 

What were the views of our fathers concerning the church and the school? 

What was the "League of the New England Colonies"? 

Give the date and tell about the purpose and the work of the Albany 
Congress. 

What were the Navigation Acts and what effect did they have on the 
American mind? 

Give the date, place of meeting and tell about the Stamp Act Congress. 

What part did Samuel Adams take in the making of the American Union? 

What were the Townshend Acts? 

Give the object and work of the "Colonial Committees of Correspondence." 

What effect did the throwing of the tea overboard have upon England and 
America? 

Give the date and work of the first Continental Congress. 

Tell some of the things done by England in order to punish the colonists. 

What was Franklin's plan for the government of the colonies? 

Give the date, work and place of meeting of the second Continental Con- 
gress. 

Name a few of the great Americans that were members of this Congress. 

When and where was independence declared? 

How was the action of Congress received by the people? 

When and by whom were the Articles of Confederation prepared? 

Name a few of the defects of the Articles of Confederation. 

How long did the government under the Articles endure? 

Name the steps that led to the calling of the Constitutional Convention. 

What did the Constitutional Convention do? 

How was the report of the Constitutional Convention received when sub- 
mitted to the States for ratification? 

Name a few of the Americans who exerted a great influence in securing 
the ratification of the work of the Constitutional Convention. 

What course was pursued and what was done after the Constitution had 
been ratified? 

Give the date of the inauguration of Washington. 

When was the organization of the first Congress completed? 

Why wasn't Washington inaugurated on the 4th of March, 1789? 

QUESTIONS FOR DEBATE. 

Resolved, That Samuel Adams did more toward securing American 
independence than Thomas Jefferson. 

Resolved, That James Otis did more toward establishing our Govern- 
ment than Richard Henry Lee. 



CHAPTER XI. 



THE NATIONAL GOVERNMENT 



The Soul and the Constitu- 
tion. — The Constitution, like the 
soul, is in a state of evolution. In 
fact, making and enforcing laws 
and interpreting constitutions de- 
pend, not so much upon written 
preambles and clauses as upon 
what is in the minds and hearts 
of men. Our republic depends 
upon a spirit world. It is a mind- 
government. Mental action pre- 
cedes law, enforcing of laws, 
constitutional interpretations and 
amendments. The written and 
the unwritten law, known as the Constitution of the United 
States, is as far-reaching in its application as the educated con- 
science. The Constitution of 1905 is a more nearly perfect law 



"The Constitution is the most 
wonderful work ever struck off 
at a given time by the brain 
and purpose of man." 

— Wm. E. Gladstone. 

"It is the function of civil 
government to make it easy 
to do right and difficult to do 
wrong." 

— Wm. E. Gladstone. 

"The province of government 
is to increase to the utmost 
the pleasures and to diminish to 
the utmost the pains which 
men derive from each other." 
— John Stuart Mill. 

"Mankind must have laws 
and conform to them, or their 
life would be as bad as that of 
the most savage beast." 

— Plato. 



William Cullen Bryant wrote: 

Great were the hearts, and strong the minds 

Of those who framed, in high debate, 
The immortal league of love that binds 

Our fair, broad empire, State with State. 

And deep the gladness of the hour, 

When, as the auspicious task was done, 

In solemn trust, the sword of power 
Was given to Glory's unspoiled son. 

That noble race is gone; the suns 
Of sixty years have risen and set; 

But the bright links, those chosen ones, 
So strongly forged, are brighter yet. 

Wide, as our own free race increase — 
Wide shall extend the elastic chain, 

And bind in everlasting peace 

State after State — a mighty train. 




William Cullen Bryant. 



THE NATIONAL GOVERNMENT. 135 

than the Constitution of 1779. The soul hath wrought changes. 
Our fathers recognized the principle of human and civic 
growth and the changing conditions of society, as well as the 
evolution of thought, when they gave us a Constitution capable 
of amendments. In fact, the stability of the Constitution 
depends more upon the right of amendment than any other 
one thing. It is right for the American Constitution to follow 
in the tracks of human expansion in thought and conscience. 
The soul is relentlessly active and it will never on this side of 
eternity submit permanently to an imperfect, unchangeable 
and inflexible law made by man. 

The Constitution.— Black's Constitutional Law says: "The 
Constitution of the United States is the supreme law of the 
land, and is equally binding upon the federal government and 
the States and all their officers and people. Any and all 
enactments which may be found to be in conflict with the 
Constitution are null and void. The Constitution itself declares 
that it shall be the supreme law of the land. The supremacy 
of the Constitution means, first, that it must endure and be 
respected as the paramount law, at all times and under all 
circumstances, and in every one of its provisions, until it is 
amended in the mode which itself points out, or is destroyed 
by revolution. Secondly, it means that all persons are bound 
to respect the Constitution as the supreme law. It is not merely 
a limitation upon legislative power, but it is equally binding 
upon all the departments and officers of government, both 
State and National. Thirdly, it means that no act of legisla- 
tion which is contrary to its provisions is to be regarded or 
respected as law. A treaty which is in violation of the Con- 
stitution would be null and void. So also would be any act 
of Congress which should be in excess of the legislative power 
granted to that body by the Constitution, or in disregard of 
any of its prohibitions. If the people of a State amend their 
Constitution or adopt a new Constitution, it must conform to 
the Federal Constitution. If it does not, it is of no effect. And 
every act of the Legislature of every State must equally obey 



136 



THE NATIONAL GOVERNMENT. 



the mandates of the supreme law, at the risk of being declared 
a nullity." 

Reflections on the Constitution. — The Constitution is 
the work of a people too great to be slaves. 

It is a truth that grew out of oppression and tyranny. 

It was founded on an inalienable principle planted in the 
human breast by God. 

The People.— The right of 
the people to express the dictates 
of the national conscience and their 
choice through the ballot is as im- 
perative as the right of the indi- 
vidual to hear and obey the voice 
of an educated individual con- 
science. God speaks to the indi- 
vidual through his conscience and 
to the government through the 
people. The voice of the people in 
national life is constitutionally 




"A government of the people, 
by the people, and for the 
people." 



higher than the voice of con- 
science in the individual life. A government whose controlling 
influence is vested in the people is our richest civil heritage, and 
the man who would override the rightfully-expressed desire of 
the people is an anarchist and our worst enemy. This is a gov- 
ernment of and by and for the people. Every citizen is a frac- 
tional part of the government. The government .declares that 
the nation exists for the individual and not the individual for 
the nation. It places no unnatural restraint upon the people, 
but extends to every citizen the sovereign right of self-govern- 
ment and offers him the best possible opportunity to achieve 
success in the pursuit of any rightly chosen work. 

Our Government was Organized: 

1. To form a more perfect union; 

2. To establish justice; 

3. To insure domestic tranquillity; 

4. To provide for the common defense; 

5. To promote the general welfare; 



THE NATIONAL GOVERNMENT. 137 

6. To secure the blessings of liberty to ourselves and our 
posterity. 

"We, the people of the United States, in order to form a more perfects 
union, establish justice, insure domestic tranquillity, provide for the common 
defense, promote the general welfare, and secure the blessings of liberty to 
ourselves and our posterity, do ordain and establish this Constitution of 
the United States of America." 

The Opening Statement of the Constitution.— The in- 
troductory paragraph of the Constitution, which is usually 
called a "preamble," is a vital part of the Constitution. It is 
more than a preamble. It is also an enacting clause which 
ordains the Constitution in the name of the people and names 
the government which it forms. A preamble only sets forth 
reasons for the establishment of a statute, and is not a vital 
part of the statute itself, but the first sentence of the Consti- 
tution, commonly known as the preamble, is an organic and 
necessary part of the Constitution of the United States. It 
was written by Gouverneur Morris, and it is regarded as a 
splendid literary production. It states in an interesting and 
concise way six reasons for establishing our government: 

1. To Form a More Perfect Union.— The government 
under the Articles of Confederation was unsatisfactory and 
had failed to secure the confidence, co-operation, and union of 
all the people. The Constitutional Convention desired to bring 
the people together in one "indissoluble union," and they knew 
that this could be done only by recognizing the natural rights 
that belonged to the nation, State, and citizen, and by making 
each member of this Union a sovereign with the power of 
exercising his divine rights and privileges. They followed 
God's law in forming the Union which is to-day the greatest 
brotherhood that was ever formed under one civil law. 

2. To Establish Justice. — The government failed to 
establish justice under the Articles of Confederation. A na« 
tional judiciary was needed to interpret the law and restrain 
selfish legislation. Without an interpreting national authority 
to pass upon the constitutionality of all statutes and enact- 



138 THE NATIONAL GOVERNMENT. 

nients, laws were likely to go unheeded and injustice prevail. 
There can be no justice in a free government without a 
judiciary, for without it each individual would be a judge unto 
himself, and his interpretation of the law would be biased by 
his desire to obey or ignore the law. 

3. To Insure Domestic Tranquillity.— Domestic conten- 
tions in various forms had existed between the different States 
and various interests in the same State. The great men who 
were directing the affairs of the nation were too broad-minded 
to live in dissensions. They knew that union was an element 
of strength. This made them desirous of securing peace and 
quiet to their own country. Domestic tranquillity is one of the 
most noticeable blessings of our country. Domestic peace now 
prevails in a free government of sovereigns bound together by 
a common interest, sympathy, and welfare. 

4. To Provide for the Common Defense. — Under the 
Articles of Confederation the national government had no 
power to collect taxes, raise armies, and provide for navies. 
The framers of the Constitution knew that one of the most 
important questions to be considered was the one relating to 
the "common defense" of all the people. They knew that a 
nation could not secure the proper respect and command a 
high position in the settlement of all international questions 
and disputes, unless it built about itself not only a fortification 
of character, but had the power to construct a strong and 
well-disciplined army and navy. It was also necessary to lay 
and collect taxes in order to provide for the common defense. 

5. To Promote the General Welfare. — It is the theory 
of our government that it is our civic duty not only to protect 
the people in their civil rights but to offer every citizen of our 
government an opportunity to develop the highest mental, 
spiritual, and physical culture and wealth. The future per- 
petuity of this country depends very largely upon how well 
we look after the "general welfare" of all the people composing 
the nation. 

6. To Secure the Blessings of Liberty to Ourselves 
and Our Posterity. —Liberty emanates from the self-con- 



THE NATIONAL GOVERNMENT. 139 

sciousness of sovereign man implanted in him by his Creator, 
and this knowledge of his powers and natural rights is the 
greatest safeguard that was ever thrown around a free insti- 
tution. Nature was the inspiration of our forefathers, and it 
made them brave, uncompromising, fearless men in their fight 
to establish God's law of liberty. It was a battle for freedom 
and humanity, and we are to-day the recipients of the fruit of 
their great sacrifice. 



SUGGESTIVE QUESTIONS. 

Define the national Constitution. 

What did Gladstone say about it? 

Was it the natural work of men of character? 

Through what sources and how is the national civic conscience expressed? 

What is the relation of each individual to the home, school, neighborhood, 

county, city, State, and national government? 
What part of the United States government do you constitute? 
Does the nation exist for the individual or the individual for the nation? 
Define preamble. 
Define enacting clause. 
Is the opening clause of the Constitution a preamble, or an enacting clause, 

or both? 
Who wrote the opening clause to the Constitution? 
Quote it from memory. 
Name the six great reasons for establishing the Constitution, and explain 

each. 

QUESTION FOR DEBATE. 

Resolved, That the corrupt financier who buys legislation is a meaner 
man than the floater who sells his vote. 



CHAPTEK XII. 

THE LAW-MAKING DEPARTMENT. THE COMPOSITION, WORK, AND 
ORGANIZATION OF THE TWO HOUSES OF CONGRESS. 



Article 1, Sec. 1. — All legislative powers herein granted shall be vested 
in a Congress of the United States, which shall consist of a Senate and a 
House of Representatives. 







NATIONAL STATUTES 



The Three Departments of Na- 
tional' Government.— The work of the 
government is accomplished through 
three departments: 

1. Congress. The Law-making. 

2. The President. The Law-enforc- 
ing. 

3. The Federal Courts. The Law-in- 
terpreting. 

The greatest statesmen have never 
been able to make a complete and ab- 
solute separation in the exercise of 
these three powers. Each department 
serves as a check on the other, and, 
like each division of the human mind, 
is an inseparable, organic part of the whole. The success of 
our fathers in creating three departments with certain inde- 
pendent and natural functions to perform, and, at the same 
time, in making each one an important and intermingled part 
of the organic whole, is regarded by the best thinkers and 
writers as a long step toward the highest political advance- 
ment. Each division of our government is as much a part of 
the whole as the arm is a part of the body. 

We bring together below the constitutional authority for 
the three divisions of government: 

Article 1. All Legislative powers herein granted shall be 
vested in a Congress of the United States. 




THE LAW-MAKING DEPARTMENT. 141 

Article 2. The Executive power shall be vested in a Presi- 
dent of the United States of America. 

Article 3. The Judicial power of the United States shall 
be vested in one Supreme Court, and in such inferior courts 
as the Congress may from time to time ordain and establish. 

A Congress of Two Houses. — The members of the 
Constitutional Convention had learned by experience that a 
Congress composed of one law-making body was a failure. The 
Congress under the Articles of Confederation consisted of a 
single body and was considered a signal failure, while some of 
the State governments with a Legislature composed of two 
Houses were successfully operated. Two Houses for each law- 
making department is now regarded as the only true system. 
The plan gives us a Congress composed of two distinct Houses, 
each having a separate origin. The legislative unit coming 
from the people insures safer legislation and better laws; it 
restrains all tendencies to haste in the making of laws, and 
affords the mutual criticism of the two branches. 

Congress consists of the House of Bepresentatives and the 
Senate. The First Congress dates from Wednesday, March 4, 
1789. Each Congress lasts two years. The Fifty-ninth Con- 
gress is now (1905) in session, and will close at noon on the 
4th of March, 1907, at which time the Sixtieth Congress will 
begin. The Constitution requires not less than two sessions 
of each Congress. When, in the opinion of the President, there 
is national business of great importance requiring immediate 
attention, he may call one or more special sessions of Congress 
for the transaction of such business and the enactment of such 
legislation as he names in the call issued by him. During the 
Fortieth Congress there were three special and two constitu- 
tional sessions, making five sessions during the two years. 
Congress has fixed the first Monday in December as the time 
of meeting, but it may by law change the time. There is a 
long and a short session of Congress. The long session con- 
venes on the first Monday in the second December following 
the election of national representatives. The short session lasts 
from the time Congress meets a<?ain in the following December 



142 THE LAW-MAKING DEPARTMENT. 

until the next 4th of March at noon. The long session ends in 
even years and the short session ends in odd years. The place of 
meeting of Congress is not fixed by the Constitution. This is 
done by a congressional law. Congress meets at the national 
capital. 

Sec. 2, Clause 1. — The House of Representatives shall be composed of 
members chosen every second year by the people of the several States; 
and the electors In each State shall have the qualifications requisite for 
electors of the most numerous branch of the State Legislature. 

Election of National Representatives.— Representatives 
are elected every two years by the people. With few excep- 
tions, they are elected the first Tuesday after the first Monday 
in November. The Constitution of the United States authorizes 
citizens in each State who vote for State Representatives to 
vote for national representatives. It gives each State the 
privilege of determining who shall vote for national representa- 
tives, but at the same time places a limitation upon the power 
of the State by declaring ''The electors in each State shall 
have the qualification requisite for electors of the most numer- 
ous branch of the State Legislature." Under the restriction, 
if the State should attempt to change the popular feature of 
the national Legislature, it would inflict a similar condition 
upon its own Legislature. The qualification of the voter in 
the different States is not uniform. 

Sec. 2, Clause 2. — No person shall be a Representative who shall not 
have attained to the age of twenty-five years, and been seven years a 
citizen of the United States, and who shall not, when elected, be an inhabi- 
tant of that State in which he shall be chosen. 

Qualification of Representatives. — The Constitutional 
Convention used great care in defining the qualification of 
persons who work in every department of government. In 
naming the qualifications of the national representatives great 
emphasis was placed upon experience, citizenship, patriotism, 
and residence. An age limit was established in order to insure 
experience and give the candidate for the high office time to 
build his character, make preparation, define his views on 



THE LAW-MAKING DEPARTMENT. 143 

public questions, impress bis life upon the community, and 
gain the love, esteem, and confidence of the public. Under 
this qualification, an alien could not become a representative 
under twelve years, as it requires five years for him to become 
a naturalized citizen, and he would have to be a citizen of the 
United States for seven years. One is not eligible to this office 
unless he is an inhabitant of the State from which he is elected. 
He may live in a different congressional district from which 
he is elected, but he must be an inhabitant of the State. He 
may be elected representative before he has lived in the State 
long enough to vote, and he may move out of the State after 
he is elected, and be a legal representative of the people. 

Section 2, Clause 3. — Representatives and direct taxes shall be appor- 
tioned among the several States which may be included within this Union* 
according to their respective numbers, which shall be determined by adding 
to the whole number of free persons, including those bound to service for 
a term of years, and excluding Indians not taxed, three-fifths of all other 
persons. The actual enumeration shall be made within three years after 
the first meeting of the Congress of the United States, and within every 
subsequent term of ten years, in such manner as they shall by law direct* 
The number of Representatives shall not exceed one for every thirty thou* 
sand, but each State shall have at least one Representative; and until such 
enumeration shall be made, the State of New Hampshire shall be entitled to 
choose three; Massachusetts, eight; Rhode Island and Providence Planta- 
tions, one; Connecticut, five; New York, six; New Jersey, four; Pennsyl- 
vania, eight; Delaware, one; Maryland, six; Virginia, ten; North Carolina, 
five; South Caroline, five; and Georgia, three. 

Apportionment of Representatives.— Under the Articles 
of Confederation each State had one vote, and when the Con- 
stitutional Convention met, it had great difficulty in getting 
the small States to relinquish their equality in the House of 
Representatives. After deciding to base representation in the 
House on population, they experienced further difficulty in 
determining Avhether to count the slaves as a part of the popu- 
lation in making the apportionment. The Northern States 
Insisted that the apportionment should be made according to 
the number of free population. The slave States thought the 
slaves should be counted in the enumeration. A compromise 



144 THE LAW-MAKING DEPARTMENT. 

was finally made by which three-fifths of the slaves were 
counted. The acceptance of this rule was favorable to the 
slave States inasmuch as it increased the number of repre- 
sentatives. From another point of view it was unfavorable 
to them, for it increased their proportion of direct taxes. The 
slave States felt, however, that the advantages were greater 
than the disadvantages. 

The above provision regulating the apportionment of rep- 
resentatives has been changed by the Fourteenth Amendment 
We find the following words in section 2 of that amendment: 
"Representatives shall be apportioned among the several States 
according to their respective numbers, counting the whole 
number of persons in each State, excluding Indians not taxed." 

Ratio of Representation. — The Constitution declares that 
representation snail not exceed one representative for every 
30,000 inhabitants. This is the only limitation placed on the 
number of members there shall be in the House. Under the 
first census taken, the ratio of representation was placed at 
33,000 inhabitants for each member of the House. There were 
65 representatives in the first House. The United States takes 
a new census and Congress makes a new apportionment for 
representatives every ten years. Under the present census taken 
in 1900 there are 386 members of the House, and the ratio of 
representation is 193,291 inhabitants. There will be this num- 
ber of representatives until the next apportionment, which 
will be made under the census to be taken in 1910, unless before 
that time new States are admitted into the Union. If a new 
State is admitted after an apportionment act is passed, the new 
members are additional to those provided for by the act. The 
present apportionment took effect in 1903 and will last 
until 1913. 

The ratio of representation is found by dividing the total 
population of all the States by the number of representatives. 
The population of each State divided by the number thus 
obtained will give the number of representatives to which the 
State is entitled. Remainders must necessarily result from 
making these divisions, and this will prevent the total number 






THE LAW-MAKING DEPARTMENT. 



145 



of representatives allowed each State from equalling the totar 
apportionment made by Congress. When this occurs, Congress 
assigns to the States having the largest remainders additional 
representatives in order to make the apportioned number. 




The United States House of Representatives. 



Each State Represented. — It is possible for a State not 
to have a population as large as the required number of inhab- 
itants for each representative. Our wise fathers, foreseeing 
this danger, provided that "Each State shall have at least one 
representative." 

Territorial Delegates. — There is in Congress one delegate 
from each Territory. They are elected by the popular vote of 
the Territory. These delegates look after the general welfare 
of the Territory they represent. They have a right to a seat in 



146 THE LAW-MAKING DEPARTMENT. 

the House of Representatives and to participate in debates, but 
not the right to vote. 

The Congressional District. — The States that are entitled 
to more than one representative are divided into Congressional 
Districts by the Legislatures of the States. Kepresentatives 
are elected by the popular vote of the district. When a State 
is entitled to increased representation under the new census, 
the additional congressional member or members are elected 
by the popular vote of the State until the State is re-districted. 
A member elected in this way is known as congressman at 
large. 

The Gerrymander. — Gerrymandering consists in chang- 
ing the boundaries of the Congressional District by the political 
party in power in such a way as to give the greatest political 
advantage to the dominant party. Two Congressional Districts 
that differ in politics are frequently brought to the same 
political complexion by the skillful use of the gerrymander. 

Sec. 2, Clause 4. When vacancies happen in the representation from 
any State, the executive authority thereof shall issue writs of election to 
fill such vacancies. 

Vacancy in the House. — A vacancy in the national rep- 
resentation of a State is filled by the voters of the Congressional 
District in which the vacancy occurs. A writ of election is 
issued by the Governor of the State when the vacancy oeeurs, 
and the people at this special election choose a representative 
for the unexpired time. Vacancies may happen as a result of 
death, resignation, or removal. In case a representative resigns 
he does so by a letter to the governor of his State. 

Sec. 2, Clause 5. — The House of Representatives shall choose their 
Speaker and other officers, and shall have the sole power of impeachment. 

Officers of the House. — The officers of the House of 
Representatives are: A Speaker, Clerk, Sergeant-at-Arms, 
Doorkeeper, Postmaster, and Chaplain. None of these officers 
are regular members of the Rouse except the Speaker, who is 
always a Eepresentative. These officers are chosen by the 
House. 



THE LAW-MAKING DEPARTMENT. 147 

The Speaker. — The Speaker occupies the highest position 
in the most numerous branch of our national legislature. He 
receives a salary of $8,000 per year. He is the presiding officer 
of the House of Representatives. He is elected from one of 
their own number and holds the office for a term of two years. 
He represents the people of his district, and has the right to 
take an active part in all discussions and to vote on all 
questions. However, he does not usually vote except upon 
measures of great importance and when the vote is taken by 
ballot or when there is a tie and his ballot would decide the 
question. It is his duty to preside over all of the deliberations 
of the House, receive and put motions, decide points of order, 
appoint committees, give parliamentary information when 
desired, and preserve order in the House. The Speaker should 
be a man of sterling character and great executive powers, as 
well as a good parliamentarian. 

The Clerk. — The Clerk is the recording officer of the House. 
It is his duty to read all papers when ordered by the Speaker, 
make an accurate list of the members, call the roll, and register 
the result of the vote. It is his duty to take down motions, 
take charge of and preserve the documents and papers belong- 
ing to the House. The Journal, when properly kept, is a record 
of the daily work of the House. As a rule, it should not contain 
a record of anything that was not regularly acted upon by the 
House. 

The Doorkeeper. — This officer is the custodian of the House. 
He has charge of the Representatives' Hall, including all the 
furniture, books, and other property that belongs to the gov- 
ernment. It is also his duly to guard the doors of the House 
and allow only such persons to enter as are permitted under 
the rules and regulations of the House. 

The Postmaster. — The government has established a spe- 
cial postoffice in the national capitol in order to accommodate 
the members of the House, and the Postmaster superintends 
this special postoffice. He takes charge of all mail of the 
members and performs the ordinary duties connected wirli such 
a position. 



148 



THE LAW-MAKING DEPARTMENT. 



The Chaplain. — The daily session of the United States 
House of Kepresentatives is opened with prayer by the 
Chaplain. 

The Sergeant-at- Arms. —This officer is the sheriff of the 
House. He has charge of the mace. He, on the request of the 
House or the Speaker, arrests members, and, under the direc- 
tion of the Speaker, secures and maintains good order in the 
House. He also summons absent members when away from 
the session of Congress and when needed in order to make a 
quorum. "He 'also acts as paymaster of the House, paying 
members and delegates their salaries and mileage." The 
sergeant-at-arms works under the direction of the House of 
Kepresentatives and the Speaker. 

The Mace. — The House at its first 
session (1789) authorized the Speaker to 
procure a suitable symbol of authority 
for the Sergeant-at-Arms. The mace was 
procured. Mr. George Hazleton, in his 
book, "The National Capitol," says: 

"This time-honored emblem of author- 
ity is composed of thirteen ebony sticks, 
silver-bound and surmounted by a silver 
globe, delicately engraved with the map 
of the world, upon the top of which rests 
a silver eagle with wings outstretched. A 
few minutes before the assembling of the 
House it is the duty of an assistant Ser- 
geant-at-Arms to carry the mace to the 
floor and rest it on the platform, pre- 
pared for that purpose, against the wall 
beside the Speaker. When the Chaplain 
finishes the benediction, the Speaker de- 
clares the House in session, and the mace 
is raised and placed upon its immovable 
pedestal of malachite, where it remains 
until the House adjourns. The assistant 




THE LAW-MAKING DEPARTMENT. 149 

Sergeant-at-Arais then formally bears it back and replaces it 
in the custody of his superior. 

"Whenever during sessions the House becomes too turbu- 
lent for the Speaker to control, he directs the Sergeant-at-Arms 
to take the mace from its pedestal and carry it among the 
members. It has been upon the rarest occasions only that this 
authority has not been immediately respected." 

Impeachment. — The Constitution declares that the House 
of Kepresentatives has the sole power of impeachment, and the 
Senate the sole power to try impeachments. An Article of 
Impeachment is a written accusation preferred against some 
federal officer by the House of Representatives. The President 
and Vice-President and all civil officers of the United States 
may be impeached. Members of the House are not civil 
officers. 

The Organization and Practical Work of the National 
House of Representatives. — The Clerk of the previous House 
calls the House of Kepresentatives to order at the beginning 
of each Congress. He then calls the roll, which he makes up 
from the certified returns of the States, ascertains whether a 
quorum is present, and presides until a Speaker is elected. 

The oath is usually, administered to the Speaker, by the 
member of the House who has been longest in continuous 
service. This member is known as the "Father of the House." 
After the Speaker takes the oath, he then administers it to 
the members of the House. The following is the oath that is 
administered to Senators and Kepresentatives: 

"I (name) do solemnly swear (or affirm) that I will support 
and defend the Constitution of the United States against all 
enemies foreign and domestic; that I will bear true faith and 
allegiance to the same; that I take this obligation freely, 
without any mental reservation or purpose of evasion, and that 
I will well and faithfully discharge the duties of the office on 
which I am about to enter*. So help me God." 

There are as many seats in the House as there are repre- 
sentatives and territorial delegates. Each seat is numbered. 
They are assigned in the House as follows: 



150 THE LAW-MAKING DEPARTMENT. 

An alphabetical list of the members is prepared and the 
different numbers of seats are registered with the different 
names of members. Balls containing the different seat-num- 
bers are then put together and thoroughly intermixed. The 
members stand while an attendant draws from a box the balls 
containing the numbers, and, as each man's number is drawn, 
he selects his seat and sits down. It is a custom for members 
of different political parties to occupy different sides in the 
hall. Members who have served in the House for a long time 
are usually given preference in the selection of seats. 

After the different officers of the House are elected and 
other business transacted, the Speaker appoints the Standing 
Committees of the House. The fate of most measures depends 
upon the action of the committee to which it is referred, and, 
as the Speaker of the House has the right to appoint frhsse 
committees, it gives him great power in shaping and directing 
national legislation. Mr. Reed, in referring to the work of the 
committees of the House, said: "The committee is the eye, 
and ear, and hand, and very often the brain, of the assembly. 
Freed from the very great inconvenience of numbers, it can 
study a question, obtain full information, and put the proposed 
action into proper shape for final decision. The appointment 
of a committee also insures to the assembly the presence during 
the debate of members who have made some examination of 
the question, and tends to preserve the assembly from its 
greatest danger, that of being carried away by some plausible 
harangue which excites feeling, appeals to sentiment, and 
obscures reason." The committees of the S'enate are selected 
by the Senate and not by the President of the Senate. When 
a bill that has been referred to a committee is cast aside and 
not reported, we speak of it as being "killed in the com- 
mittee." 

After the organization of the House and the Senate, each 
house by resolution authorizes its Clerk to notify the other 
that it is organized and ready to proceed to legislative business. 
Each house then appoints a committee to act as a joint com- 
mittee to wait upon the President to inform him that Congress 



THE LAW-MAKING DEPARTMENT. 151 

is organized and ready to receive any communication he may 
desire to make. 

Section 3, Clause 1. — The Senate of the United States shall be composed 
of two Senators from each State, chosen by the legislature thereof, for six 
years; and each Senator shall have one vote. 

The Law Regarding Election of Senators.— The "time, 
places, and manner of holding elections for Senators" was left 
entirely with the State until 1866, when Congress passed a 
law regulating the election of Senators by the Legislatures of 
the different States. The State Legislatures chosen next before 
the expiration of the term of the United States Senator shall, on 
the second Tuesday after the Legislature assembles, proceed 
to elect a Senator in the following way: Each house votes 
separately by a viva voce vote for a Senator, and a record 
of the vote is made on the journal of each house. The following 
day the two houses meet in a joint session to determine who 
has been elected, and if the journals show that a person has 
received the majority of the votes of each house, he is declared 
elected Senator. But, if it appears that no one has received 
the required vote, the joint assembly meets at noon each suc- 
ceeding day and takes one or more votes until a Senator is 
elected. This is continued until a qualified person receives a 
majority of the votes of the whole Legislature, and when this 
happens, he is declared to be elected, provided a majority of 
the members of each house was present. If a vacancy exists 
in the Senate at the time the Legislature convenes, the same 
steps are taken, and if a vacancy should occur during its 
session, it is required to proceed to fill the vacancy on the 
second Tuesday after the proper notice of the vacancy has been 
given. Under the law the Governor is required to certify the 
election to the President of the United States Senate, and the 
certificate of election must be countersigned by the Secretary 
of State. 

The Senate. — The Senate of the United States is known 
as the Upper House of Congress, and is regarded as a body of 
great dignity and power. It is composed of two Senators from 



152 



THE LAW-MAKING DEPARTMENT. 



each State, elected for six years. They represent the whole 
State, and not any part of the State or separate interest or 
district in the State. Senators are chosen by the Legislatures 
of their respective States. There are now forty-five States and 
ninety Senators. Each Senator is entitled to one vote. This 
gives each State two votes in the national Senate. Senators 
from the same State are frequently elected by different political 




The United States Senate Chamber, 



parties and do not have the same opinions concerning public 
questions and issues, and if they were forced to vote together 
as one, they would frequently fail to represent the desires, 
wishes, and needs of the people of their States. Under the 
Articles of Confederation each State had only one vote. 

Equal Representation in the Senate.— Representation 
in the lower House of the national Congress is built upon the 



THE LAW-MAKING DEPARTMENT. 153 

total number of people in all the States, and in the Senate 
npon the total number of States in the Union, each State 
having representation in the House according to the population 
of the State and equal representation in the Senate. No bill 
can become a law until it passes both Houses of Congress, and 
as each State has equal representation in the Senate, the 
smallest State in the Union has as much power in the making 
of laws as the largest one. This principle of equal representa- 
tion was the happy compromise effected after many heated and 
able discussions in the Constitutional Convention. 

Selections of Seats in the Senate.— Seats in the Senate 
are selected as follows: The Senator who first expresses a 
desire for a vacant seat or one that is to become vacant is 
entitled to it. When a Senator desires a seat that is not vacant, 
he puts his name down in a book arranged for that purpose 
as an applicant for that particular seat. As soon as it becomes 
vacant, he is entitled to the seat, provided, of course, some 
other member did not make application in the same way before 
he did. 

Sec. 3, Clause 2. — Immediately after they shall be assembled in conse- 
quence of the first election, they shall be divided, as equally as may be, 
into three classes. The seats of the Senators of the first class shall be va- 
cated at the expiration of the second year, of the second class at the expira- 
tion of the fourth year, and of the third class at the expiration of the sixth 
year, so that one-third may be chosen every second year; and if vacancies 
happen, by resignation or otherwise, during the recess of the legislature of 
any State, the Executive thereof may make temporary appointments until 
the next meeting of the legislature, which shall then fill such vacancies. 

Division of Senators. — The First Senate under the Con- 
stitution convened on the 4th of March, 1789, with twenty 
Senators present. Ten of the thirteen States of the Union had 
elected Senators. New York had failed to elect, and Rhode 
Island and North Carolina had not ratified the Constitution, 
Under the Constitution the Senate proceeded to divide the 
twenty Senators present into three classes. This was done by 
lot, and resulted in placing seven Senators in the lirst class, 
seven in the second, and six in the third class. The seven 



154 THE LAW-MAKING DEPARTMENT. 

Senators of the first class served two years; second class, four 
years; third class, six years, or a full term. Other Senators 
were put in the different classes as they entered the Senate. 
As new States have been admitted into the Union, their 
Senators have been assigned to the different classes by lot 
drawn in the presence of the Senate, and different classes have 
been kept as nearly equal as possible. There are now (1905) 
thirty Senators in each class. As new States may be admitted 
from time to time, new Senators will be assigned to the differ- 
ent classes. 

Vacancies. — If a vacancy should occur in the United States 
Senate, when the State Legislature, that has a right to fill the 
vacancy, is not in session, the Governor of the State in which 
the vacancy occurs appoints a qualified person to fill the 
vacancy unti] the Legislature meets and elects a successor. 

Sec. 3, Clause 3. — No person shall be a Senator who shall not have at- 
tained to the age of thirty years, and been nine years a citizen of the United* 
States and who shall not, when elected, be an inhabitant of that State for 
which he shall be chosen. 

The Qualification of Senators. — The Constitutional 
Convention sought to give the Senate exceptional prestige, 
dignity, and power. They desired to make it a conservative, 
dignified body of qualified, broad-minded men of experience 
and character to serve as a check on any hasty legislation and 
give ballast to the legislative power of Congress. It was not 
only made a perpetual body, but great emphasis was placed 
upon residence, age, and citizenship of the members composing 
it. Before a person can be a Senator he shall be thirty years 
old, a citizen of the United States for nine years, and an 
inhabitant of the State for which he is chosen, This 
qualification gives him who aspires to hold this high office an 
opportunity to make liberal preparation and the public an 
opportunity to form an impartial and intelligent opinion of 
his fitness for the place. Every voter in this government 
should remember that when he casts his ballot for a State 
Kepresentative he usually votes indirectly for a national 
Senator. 



THE LAW-MAKING DEPARTMENT. 155 

Gee. 3, Clause 4. — The Vice-President of the United States Shall be 
President of the Senate, but shall have no vote, unless they be equally 
divided. 

The Vice-President.— The Vice-President of the United 
States is President of the Senate. He can not take part in 
the discussions on the floor of the Senate nor has he the right 
to appoint committees or do anything else that would influence 
legislation. He has no right to vote except in case of a tie, 
and, if he desires, he may refuse to vote in this case, in which 
event the pending measure would fail to pass the Senate. 
Senators address him as "Mr. President," and he designates 
the members of the Senate as "Senator." 

Sec. 3, Clause 5. — The Senate shall choose their other officers, and also 
a president PRO TEMPORE, in the absence of the Vice-President, or when 
he shall exercise the office of President of the United States. 

Officers of the Senate. — The officers of the Senate are: 
The President, President pro tempore, Secretary, Chief Clerk, 
Doorkeeper, Sergeant-at-Arms, Postmaster, Librarian, and 
Chaplain. Xone of these are members of the Senate except the 
President pro tempore. The President pro tempore is selected 
from the Senate and has all the privileges of any other member 
of the Senate and the additional powers of the Vice-President 
while he is acting as presiding officer of the Senate. He can 
debate and vote on any question that comes before the Senate, 
but he can under no circumstances cast but one vote. In case 
the Vice-President becomes President of the United States, 
the President pro tempore of the Senate draws the Vice-Presi- 
dent's salary. All the other officers of the Senate have duties 
similar to those of the House of representatives. All the 
officers of the Senate except the President are selected by that 
body. 

Sec. 3, Clause 6. — The Senate shall have the sole power to try impeach- 
ments. When sitting for that purpose, they shall be on oath or affirmation. 
When the President of the United States is tried, the Chief Justice shall' 
preside; and no person shall be convicted without the concurrence of two- 
thirds of the members present. 



156 THE LAW-MAKING DEPARTMENT. 

Impeachment Trial. — After the Articles of Impeachment 
have been preferred by the House of Representatives, the 
person accused is summoned by the Sergeant-at-Arms to 
appear before the Senate. The Senate takes a special oath to 
give the accused a fair and impartial trial. The Senate sits 
as a jury and hears the evidence and arguments on both sides. 
It requires two-thirds of the members present to sustain the 
action of the House in preferring Articles of Impeachment. 
The penalty of impeachment is restricted to removal from 
office and disqualification to hold and enjoy any office of honor, 
trust, or profit under the United States. The Vice-President 
of the United States presides in most cases of impeachment. 
However, if the President of the United States should be 
impeached, the Chief Justice of the Supreme Court presides. 

Sec. 3, Clause 7. — Judgment in cases of impeachment shall not extend 
further than to removal from office, and disqualification to hold and enjoy 
any office of honor, trust, or profit under the United States; but the party 
convicted shall nevertheless be liable and subject to indictment, trial, and 
punishment, according to law. 

Penalty for Impeachment. — The punishment for im- 
peachment can not extend beyond removal from office and 
disqualification to hold any office of honor, trust, or profit 
under the United States. If an officer be convicted, the punish- 
ment can not be less than removal from office, and the 
conviction may remove him from office and disqualify him at 
the same time. Persons impeached may still be tried by the 
proper courts for a criminal violation of the law. 

Section 4, Clause 1. — The times, places, and manner of holding elections 
for Senators and Representatives shall be prescribed in each State by the 
legislature thereof; but the Congress may at any time, by law, make or alter 
such regulations, except as to the places of choosing Senators. 

When Representatives are Elected. — In 1872 Congress 
fixed Tuesday after the first Monday in November as the day 
for the election of national Eepresentatives in the different 
States. Some of the States had previously fixed in their Consti- 
tution the time for the election of the Representatives, and 



THE LAW-MAKING DEPARTMENT. 157 

Congress did not require these States to comply with the law. 
This is the reason why all States in the Union do not elect 
their Representatives at the same time. The States have abso- 
lute power in selecting the places of choosing Senators. 

Sec. 4, Clause 2. — The Congress shall assemble at least once in every 
year, and such meeting shall be on the first Monday in December, unless 
they shall by law appoint a different day. 

Sessions of Congress. — Annual sessions of Congress are 
required under the Constitution, and, as each Congress lasts 
two years, not less than two sessions can be held during each 
Congress. 

Sec. 5, Clause 1. — Each House shall be the judge of the elections, re- 
turns, and qualifications of its own members, and a majority of each shalt 
constitute a quorum to do business; but a smaller number may adjourn from 
day to day, and may be authorized to compel the attendance of absent mem- 
bers in such manner and under such penalties as each House may pro- 
vide. 

Election Returns. — Each House has the privilege of 
judging of election returns and the qualifications of its own 
members. This is necessary to the independence of each 
House. The Committee on Elections of each House investi- 
gates all contested elections and makes a report to the House. 
The recommendation of the Committee is usually sustained. 

A Quorum. — It takes a majority in each House to con- 
stitute a quorum and do business. In determining whether 
a quorum is present in the House, all the members present are 
counted even if they do not answer to the roll-call. This rule, 
however, has not been adopted in the Senate. Only voting 
Senators are counted. A smaller number than a quorum may 
adjourn from day to day, and, under certain regulations and 
penalties fixed by the House, compel the attendance of absent 
members. The minority's privilege to adjourn prevents a 
legal dissolution of the House, provided a majority of the 
members should not be present, and, under a special rule of 
the House of Representatives, fifteen members, including the 
Speaker, may compel members to attend The power vested 



158 THE LAW-MAKING DEPARTMENT. 

in these fifteen members insures the presence of a quorum. 
The absent members are brought before the House by the 
Sergeant-at-Arins. This method of securing a quorum is 
known as a "Call of the House." 

Sec. 5, Clause 2. — Each House may determine the rules of its proceed- 
ings, punish its members for disorderly behavior, and, with the concurrence 
of two-thirds, expel a member. 

Parliamentary Rules. — In the beginning of each session 
of Congress a committee is appointed by each House to draft 
parliamentary rules to govern the work of each body. The 
rules of the preceding Congress are generally used until new 
ones are reported by the committee and accepted. 

Punishment of Members. — Each House has the power 
to discipline its members. A member may be punished as each 
House deems proper. He may be reprimanded or expelled. 
It takes a two-thirds vote to expel. We take the following 
from Reed's Parliamentary Rules: 

"Probably the House has power to inflict other punish- 
ments. The United States Supreme Court in Kilbourn vs. 
Thompson, 13 Otto, 168, says, speaking of the power of 
punishment: 'We see no reason to doubt that this punishment 
may be, in a proper sense, imprisonment, and that it may be 
for refusal to obey some rule on that subject made by the 
House for the preservation of order.' If the House of Repre- 
sentatives can imprison, it would seem that it could suspend 
without imprisonment." 

Section 5, Clause 3. — Each House shall keep a journal of its proceedings, 
and from time to time publish the same, excepting such parts as may in 
their judgment require secrecy; and the yeas and nays of the members of 
either House on any question shall, at the desire of one-fifth of those pres- 
ent, be entered on the journal. 






The Journal and the Yea and Nay Vote.— The entire 

proceedings of each House is carefully kept and becomes the 
history of Congress. During the session of Congress it is 
published daily at the expense of the government. It is known 
as the Congressional Record, and contains a careful statement 



THE LAW-MAKING DEPARTMENT. 159 

of the entire work of Congress. The public is entitled to know 
what Congress is doing, and the publication of the proceedings 
keeps the public informed and is an incentive to members of 
Congress to look after the interest of the people of their district 
as well as the people at large. 

The yea and nay vote is taken on the call of one-fifth otf 
the members present, and, when this vote is ordered each 
member's name and how he voted is registered on the Journal. 
On the call of the yeas and nays, each member's name is called 
in alphabetical order. 

Sec. 5, Clause 4. — Neither House, during the session of Congress, shall, 
without the consent of the othery adjourn for more than three days, nor to 
any other place than that in which the two Houses shall be sitting. 

Adjournment of Congress. — Section 5, Clause 4, of the 
Constitution insures the closest co-operation between the two 
Houses, and prevents each Bouse from adjourning for a longer 
time than three days without the consent of the other. If 
each House could adjourn at any time, legislation could be 
stopped by the action of one House. 

Sec. 6, Clause 1. — The Senators and Representatives shall receive a 
compensation for their services, to be ascertained by law, and paid out off 
the treasury of the United States. They shall, in all cases except treason, 
felony, and breach of the peace, be privileged from arrest during their at- 
tendance at the session of their respective Houses, and in going to and 
returning from the same; and for any speech or debate in either House, 
they shall not be questioned in any other place. 

Salaries. — The salary of Senators and Representatives is 
fixed by law and is paid out of the treasury of the United 
States. They receive $5,000 per year and mileage at twenty 
cents per mile in going and returning "by the nearest route." 
They also receive $125 for stationery. The Speaker receives 
$8,000 per year and mileage; the President pro tempore receives 
the same amount while acting as President of the Senate. 

Detention of Members and Freedom of Debate.— Tn 
order to secure freedom of debate, Representatives and Sena- 
tors can not be arrested during the session of Congress, except 



160 THE LAW-MAKING DEPARTMENT. 

in case of treason, felony, and breach of peace. Freedom from 
arrest is also "a safeguard against the passage of noxious 
legislation by the detention or removal, under legal forms, of 
men whose presence would make such action impossible." 

Sec. 6, Clause 2. — No Senator or Representative shall, during the time 
for which he was elected, be appointed to any civil office under the author- 
ity of the United States, which shall have been created, or the emoluments 
whereof shall have been increased during such time; and no person holding 
any office under the United States shall be a member of either House during 
his continuance in office. 

Civil Officers and Fraud. — No Representative or Sena- 
tor can hold a civil office under the authority of the United 
States. Neither have they a right to resign to accept an office 
that was created or one whose salary was raised during the 
time for which they were elected. This clause was put into the 
Constitution to prevent fraud and to avoid abuses. Senators 
and Representatives may be appointed to military office, as it 
is not considered a civil office. 



SUGGESTIVE QUESTIONS. 

How many departments of national government? Name and define them. 

What advantage is there in having the three departments? 

Give constitutional authority for the establishment of each. 

Define Congress. 

How many Houses in Congress? 

Name the upper and the lower House. 

"What advantage is there in having two Houses of Congress? 

When did the first Congress convene? 

How long is each Congress? 

"What number is the present Congress? When did it begin and when will 

it end? 
What is the smallest and the largest number of sessions that can be held 

during one Congress? 
When does each session of Congress begin? 
Tell about the long and the short session. 
Where does Congress meet? 
By what authority is the place of meeting regulated? 



THE LAW-MAKING DEPARTMENT. 161 

How long do national Representatives hold office? When are they elected? 

W T ho may vote for national Representatives? 

Has the State a right to prescribe the qualification of its voters? 

Give the qualification of a national Representative. 

Can a citizen who does not live in a district be elected as a legal Repre* 

sentative? 
Can he be legally elected as national Representative before he has lived in 

the State long enough to vote? . 
On what is representation in the national House of Representatives appor- 
tioned? Explain fully. 
What change did the Fourteenth Amendment to the Constitution of the 

United States make in the apportionment of national Representatives? 
What limitation is made by the national Constitution in prescribing the 

number of inhabitants for each Representative? 
What was the ratio of representation in the first Congress that met in the 

United States? 
How many representatives were there? 
How many members of the House of Representatives under the census of 

1900? 
What is the ratio of representation under this census? 
How may the present number of national Representatives and Senators be 

increased? 
How is the ratio of apportionment found? Give a full explanation. 
If a State should be admitted into the Union before it had a population 

equal to the ratio of representation, would that State be entitled to a 

Representative? Why? 
How many national Representatives is your State entitled to? Name them. 
What State has the largest number of members in the House of Representa- 
tives? Why? 
Give the duty of territorial delegates. How are they chosen? 
Who is a congressman-at-large? 
Of what does Gerrymandering consist? 
Name and give the duties of all the officers in the House of Representatives. 

How are they elected? 
Who calls the House to order at the beginning of each Congress and presides 

until a Speaker is elected? 
Who administers the oath to the speaker? Who administers the oath to 

the members? Repeat the oath. 
How are seats selected in the House? 
Who appoints the Standing Committees of the House? 
Tell how the appointment of these committees affects legislation. 
How may a vacancy occur in the House of Representatives? 
How are these vacancies filled when they occur in the national House of 

Representatives? 



162 THE LAW-MAKING DEPARTMENT. 

What does each House of Congress do after it completes organization? 

How is the notice of organization conveyed to the President? 

What does the President usually do on receiving this notification? 

Tell about the election of national Senators. 

Of whom is the Senate of the United States composed? 

How many Senators in the present Senate? 

Do they represent a district in the State, or the State as a whole? 

Have the States equal representation in the Senate? Why? 

How are vacancies filled in the United States Senate? 

For what length of time may a person be appointed to fill a vancancy in 
the Senate? 

How are seats selected in the Senate? 

How many Senators were there in the first Senate? 

How many classes of Senators. Tell about each. 

What is done when Senators from new States enter the Senate? 

Give the qualification of Senators. 

Why is the United States Senate regarded as a perpetual body? 

Who is the President of the Senate? What are his duties? 

Has he a right to speak, vote, and appoint standing committees? 

When may he vote? How do members of the Senate address him? How 
does he address members of the Senate? 

Who are the two Senators from your State? 

Name and give the duties of the officers of the Senate. 

What House has the sole power to try impeachments? 

Give the methods by which impeachment trials are conducted. 

How many members of the Senate does it require to sustain the articles of 
impeachment? 

Who would preside if the President of the United States were on trial? 

Who prescribes the times, places, and manner of holding elections for Sen- 
ators and Representatives? 

What power has Congress in regulating this question? 

When are national Representatives elected? 

Are there any exceptions to this rule? 

Who is the judge of the election returns and qualification of its members? 

How are contested elections conducted? 

What constitutes a quorum in Congress? 

Are members who are present but who do not answer the roll considered a 
part of the quorum? 

How many members may adjourn from day to day and compel the attend- 
ance of others? 

Why is this privilege embodied in the Constitution? 

What course does a smaller number of members pursue in order to secure a 
quorum? 

Who drafts the parliamentary rules of the House? 



THE LAW-MAKING DEPARTMENT. 163 

How is this usually done? 

Who has the power to discipline the members of the House? 

To what extent may punishment be inflicted? 

What is the yea and nay vote? How may it be ordered? 

For how long can one House adjourn without the consent of the other? 

If the two Houses of Congress could not agree on date of adjournment, who 

would adjourn them? 
Who fixes the salary of Representatives and Senators? What is their 

salary? Give the salary of the presiding officers of Congress. 
For what offences may members of Congress be arrested? 
Why are they privileged from arrest during the session of Congress? 
Are members of Congress civil officers? 
Can they be appointed to civil offices during the term for which they were 

elected? 

QUESTION FOR DEBATE. 

Resolved, That the Constitution should be amended so as to permit the 
election of national Senators by the popular vote. 



CHAPTER XIII. 

HOW LAWS ARE MADE. PUBLIC OPINION, POLITICAL PARTIES, AND 
ARTIFICIAL LAWS. HOW AN IDEA BECAME A LAW. 




The People are, or should be, behind every law or pro- 
posed law. If they fail to secure the legislation which they 
desire, it will be, in the main, for the want of an aggressive 
action in making themselves a part of the public voice. The 
illustration which we give shows how a thought which origi- 



HOW LAWS ARE MADE. 165 

nated in the mind of man became a law through an organized 
public sentiment. From the sovereign individual it reached 
the home, the neighborhood, legislative district, county, con- 
gressional district, State, nation, and finally became a law. 

The. Idea. — We said in a former chapter that the laws 
of our lives are transcripts of the world and our civil laws are 
transcripts of our lives. When we look at our civil laws we 
see, or should see, our own lives, purposes, political ideas, and 
desires. A law begins by passing the Congresses of minds, 
and then the Congresses of the government. A bill introduced 
into Congress begins as an idea of one person, a committee, or 
a political convention, or as a combination of ideas of several 
persons, committees or several political conventions. Every 
bill begins as an idea and may afterwards become a ipublic 
issue, then a plank in a political platform and finally a law. 

The Home and the Idea. — The idea was a current topic 
in many homes. A discussion of its advantages and disadvant- 
ages wasl read in the conservative newspapers and the leading 
magazines, which are always found in the enlightened Amer- 
ican home. It is proper and patriotic for members of the 
family to study public questions and reach an intelligent 
judgment. The religious, social, and political affiliation of 
every member of the family is a matter that largely belongs 
to the individual, and wise and loving parents give their chil- 
dren an opportunity to read good books, the best literature, and 
encourage them in attending school, in securing an education 
and in reaching rational and correct conclusions concerning 
all questions of interest to society. 

The Neighborhood and the Idea.— The idea ceased to 
be the thought of one individual or one home, but became a 
public issue. It was discussed in public gatherings in the 
neighborhood; the school selected it for the subject of the 
debating society; a general interest was aroused, and the 
people desired that it be enacted into a law. The local and 
State newspapers discussed it. The people in the neighborhood 
throughout the county assembled to petition that it be made 



166 HOW LAWS ARE MADE. 

a part of the political platform. Representatives from the 
neighborhood were sent to the county convention to speak, 
vote, and work for the idea. The people all over the county 
demanded the enactment of a new law, which was at first a 
thought of local interest. 

The State Senatorial and Legislative District and 
the Idea. — The people of the State Senatorial and Legislative 
Districts elected State Senators and Representatives who were 
in favor of the proposed new law, and these Senators and Rep- 
resentatives elected national Senators who advocated and voted 
for the measure in the United States Senate. Other districts 
operated in the same way, and when the Senate of the United 
States convened, its attitude toward the proposed law was in 
harmony with the desires of the people of the districts electing 
the members of the State Legislatures that elected the national 
Senators. The bill that embodied the idea was passed by the 
United States Senate and sent to the President. 

. County Conventions and the Idea. — The majority of 
the members of the county conventions favored the proposed 
measure and sent delegates to the Congressional District 
Convention pledged to vote for the nomination of a candidate 
for Congress who was in sympathy with the idea and would 
do everything in his power to secure its passage through the 
national Congress. Other counties in the different Congress- 
ional Districts of the different States pursued the same course, 
and, as a result, the different Congressional District Conven- 
tions were largely in favor of the measure. 

The Congressional District and the Idea.— When the 
Congressional District Conventions convened to nominate can- 
didates for Congress they were found to be overwhelmingly in 
favor of the proposed law. The conventions were simply 
reflections of the desires, petitions, and instructions of the 
individuals, homes, communities, county conventions, and did 
what the public voice of the Congressional District asked. 
Candidates who believed as the conventions and who promised 
to use every effort in their power to secure the passage of the 



HOW LAWS ARE MADE. 167 

proposed law, were nominated. The members of the national 
House of Bepresentatives were largely in favor of the idea, 
and they passed a bill that embodied it. 

State Conventions and the Idea.— The idea was a public 
issue and a leading principle of one of the great political parties. 
The State Convention exercised the natural powers delegated 
to it in fostering the principle and in sending delegates to the 
National Convention who were in favor of the issue. It also 
named presidential electors at large pledged to vote for a 
President who would use his influence in securing the passage 
of the proposed bill. The delegates from each Congressional 
District met and named one elector and selected delegates to 
the National Convention. The electors and delegates chosen 
endorsed the new political thought. Other State Conventions 
pursued a similar course. 
The National Convention and the Idea.— The National 

Convention met to nominate a candidate for the presidency of 
the United States. The Convention was largely in favor of 
the proposed law and made it a plank in the national platform. 
The President was elected on this platform, and on beginning 
his duties as President of the United States, recommended the 
passage of the law in his message. Finally, the idea was 
introduced in the House of representatives in the form of a 
bill, and it passed the House and was sent to the Senate; the 
Senate passed it and sent it to the President, who affixed his 
signature, and it became a law. 

Artificial Laws. — Any law that does not take its origin 
directly or indirectly from the expressed opinion and desire 
of the majorities is an artificial law. The people of a republic 
are the natural law-makers. No doubt a few of our laws began 
as ideas that were born in the souls of selfish men who put 
a dollar and personal profit above the government and the 
general welfare. Too many of our laws are the investments 
of unscrupulous financiers whose money bag, lobby, and hired 
corruptionists are responsible for them. They began as ideas 
created for selfish gain, and frequently they were known only 



168 HOW LAWS ARE MADE. " 

to the lobby and lobbyist prior to their final coinage into laws. 
It is to be regretted that every law that reaches the statute 
books does not spring from an expressed desire of the people. 
So long as this is done the glory of our country will not be 
darkened by selfish and artificial laws enacted for the benefit 
of selfish men. No statute should be enacted that does not give 
vigor and power to the civic whole. 

Political Parties. — Political parties have their origin in 
a difference of opinion among the people concerning public 
questions and the rights arid duties of a citizen under the 
Constitution. We shall have political parties as long as men 
use their own minds and think for themselves. The political 
party is the child of a representative system of government. 
It is the product of a government by public opinion. Without 
political organizations through which to express the public 
will and choice, it would be almost impossible for the public 
voice to govern and shape the policy and character of our 
nation and control the making of laws. Political questions 
must be decided by majorities, and the political party is the 
agent through which majorities are obtained. There is no one 
force in our government that does as much to create public 
opinion and put people to thinking about public questions as 
the political party. Mr. James Brice, in speaking of them, said : 

"But the spirit and force of party has in America been as 
essential to the action of the machinery of government as 
steam is to the locomotive engines ; or, to vary the simile, party 
association and organization are to the organs of government 
almost what the motor nerves are to the muscles, sinews, and 
bones of the human body. They transmit the motive power, 
they determine the direction in which the organs act." 

The reader will have no trouble in understanding the 
organization, work, and necessity of political parties if he has 
carefully studied the illustrations and explanations which are 
given on the foregoing pages and which show how an idea 
becomes a law. Those persons who championed the idea and 
labored to make it a civil law formed one organization, and 
those who objected to it formed another. This idea could have 



HOW LAWS 'ARE MADE. 169 

been the beginning of a new political party or a plank pnt in 
the platform of one of the established parties. When you 
study the making of public opinion in the illustration, you 
study at the same time the origin of political parties as well 
as the general plan upon which they are operated. 

Public Opinion e — There is no one question of greater- 
importance to a free government than the expression of in- 
dividual thoughts and desires concerning all questions and 
public issues that come before the people, and there is no 
higher test of one's love of country than his aggressiveness 
in fostering the principles of his government by becoming an 
active worker in the making of public sentiment. The will, 
ideas, thoughts, desires, and individualities of all the people 
should be the nation's voice and act in making' laws, denning 
policies, and transacting all business that concerns the people. 
But this will not be the case unless the citizen istudies the 
ethics of his government, thinks for himself and asserts his 
own natural right to be a part of every public expression. A 
mere negative, unexpressed self with no opinions concerning 
public affairs and business, is cowardly and unpatriotic. You 
cannot take yourself out of public opinion. You are an 
inseparable part of it. You are in duty bound to give it your 
attention, or violate a civic trust and prove unworthy of your 
government. Our country depends very largely upon a cul- 
tured, moral individual life that expresses itself in positive 
terms in a public opinion. 

Unfortunately there are many honest citizens who attend 
faithfully to their daily business, but fail to realize that they 
are partly responsible for the administration of the government 
and its public acts. They take no interest in public issues and 
politics, and frequently consider their right to vote a very 
unimportant matter. They leave all business that concerns 
the people in the hands of a few men whom they designate 
"politicians," while they remain at home and look after the 
cattle, horses, sheep, crops, stores, banks, or other business, 
and talk incessantly about the evils that threaten their grand 
government. They seem to fail to understand that patriotism 



170 HOW LAWS ARE MADE. 

demands civic aggressiveness and that their own conduct is 
wholly inconsistent with the thought upon which our nation 
is built. 

Sec. 7, Clause 1. — All bills for raising revenue shall originate in the 
House of Representatives; but the Senate may propose or concur with 
amendments as on other bills. 

All revenue bills must originate in the House of Kepresen- 
tatives. With this exception, a bill may originate in either 
House. 

Sec. 7, Clause 2. — Every bill which shall have passed the House of Rep- 
resentatives and the Senate, shall, before it become a law, be presented to 
the President of the United States; if he approve he shall sign it; but if 
not he shall return it, with his objections, to that House in which it shall 
have originated, who shall enter the objections at large on their journal, 
and proceed to reconsider it. If, after such reconsideration, two-thirds of 
that House shall agree to pass the bill, it shall be sent, together with the 
objections, to the other House, by which it shall likewise be reconsidered, 
and if approved by two-thirds of that House, it shall become a law. But in 
all such cases the votes of both Houses shall be determined by yeas and 
nays, and the names of the persons voting for and against the bill shall be 
entered on the Journal of each House respectively. If any bill shall not be 
returned by the President within ten days (Sundays excepted) after it shall 
have been presented to him, the same shall be a law, in like manner as if 
he had signed it, unless the Congress by their adjournment prevent its re- 
turn, in which case it shaM not be a law. 

Sec. 7, Clause 3. — Every order, resolution, or vote, to which the concur- 
rence of the Senate and the House of Representatives may be necessary (ex- 
cept on a question of adjournment) shall be presented to the President of 
the United States; and before the same shall take effect, shall be approved 
by him, or, being disapproved by him, shall be repassed by two-thirds of the 
Senate and House of Representatives, according to the rules and limita- 
tions prescribed in the case of a bill. 

Orders and Resolutions. — Every order, resolution, or 
vote that requires the concurrent action of the two Houses must 
be presented to the President for his signatura This require- 
ment was made by the convention m order to prevent Congress 
from passing, under the nar\e of order, resolution, or vote and 



HOW LAWS ARE MADE. 171 

without his signature, measures that are in their nature laws. 
Congress can, however, adjourn, pass an order directing 
the sergeant-at-arms to compel the attendance of members, 
vote thanks for favors received, without the consent of the 
President. 

The Course of a Bill Through Congress.— The bill is 
first prepared and then it is introduced into the House by a 
Kepresentative. It is then referred by the Speaker to an 
appropriate committee. This committee considers the bill and 
reports it back to the House with such recommendations as 
it desires to make. The recommendation of the committee is 
usually ratified by the House. However, it has the privilege 
of taking any action it may desire. If the bill is reported 
favorably by the committee, it is printed and copies of it are 
distributed among the members. Every bill is read three 
times upon separate days, unless by unanimous consent it is 
given its second and third reading upon the same day. Its 
final passage is voted on after its third reading. These readings 
are often by title only. After its passage in the House, it is 
sent to the Senate for consideration. After passing both 
Houses of Congress, it is turned over to the Committee on 
Enrolled Bills to be enrolled; i. e., carefully and accurately 
written in a plain hand on parchment. The copy of the bill 
which is written on parchment is signed by the Speaker of the 
House and then by the President of the Senate. After the 
signatures of these presiding officers are affixed, it is turned 
over to the House. It is then sent to the President of the 
United States, who affixes his signature, thereby making it a 
law. 

It will not be necessary to give the course of Senate bills, 
as they pursue a similar course to House bills. 

The Veto. — The President has the power to veto any bill 
that passes Congress. This executive power is one of the 
leading checks in our system of legislation. Vetoing a bill 
consists in the President's refusing to sign it and writing out 
his objections to the passage of the measure and sending the 
bill, together with his written objections, back to the House 



172 HOW LAWS ARE MADE. 

where it originated. The President can not veto one part and 
approve another part of a bill. He must either approve or 
disapprove all of the bill as a whole. Our fathers in their 
wisdom gave Congress a restraining power over the Executive 
by making it constitutional for Congress to pass a bill over 
the President's head with a two-thirds vote. 

The Committee System. — The Congress of the United 
States is divided into groups known as committees. They are 
appointed in the House by the Speaker, and they are elected 
in the Senate by ballot. This appointing power of the Speaker 
gives him great influence in shaping national legislation. In 
fact, this power, together with others that are enjoyed by the 
Speaker, makes him one of the most powerful officers in the 
whole government. There are forty-eight standing and ten 
select committees in the House and there are thirty-two stand- 
ing and twelve select committees in the Senate. Senator Hoar, 
in speaking of the influence of congressional committees, called 
them "little Legislatures." It is not hard to understand the 
significance of his remark when we fully realize that every 
measure introduced in Congress is referred to some committee 
before it becomes a law and that the reports of these committees 
are usually sustained by the House that referred the bills to 
them. Of course, either House has a right to reject the action of 
the committee and pass a bill regardless of the recommendation, 
but this is rarely ever done. Committee meetings for the 
purpose of considering a bill are usually secret. A certain 
time, however, may be named when the advocates and oppo- 
nents of a bill may appear before the committee and argue the 
advantages and disadvantages of the proposed law. The work 
of a committee is to investigate thoroughly all bills referred 
to it and report to the House the result of its labors. It has 
a right to propose amendments to a bill and embody these 
proposed amendments in its report. When a committee reports 
a bill adversely or reports it too late for the pending session 
of Congress or fails to report it at all, we speak of the bill as 
having been "killed in the committee." 

Filibustering. — A great many of the bills that have been 



HOW LAWS ARE MADE. 



173 



introduced into Congress and favored by a large majority of 
the members have failed to become laws. This happens on 
account of "filibustering." This method is frequently resorted 
to by members of the minority in order to block legislation. 
"Filibustering'' consists of making motions to adjourn, motions 
to take a recess, and securing enough members to order the 
yea and nay vote and using all other means and dilatory 
tactics in order to "kill time" and prevent the bill from coming 
to a vote. There are many parliamentary tactics that can be 
employed by the minority in its work to defeat bills and block 
legislation. This method would be employed more frequently 
than it is if it were not for the minority's estimate of public 
opinion. Public opinion has rendered "filibustering" unpopular. 
Log -Rolling. — it was no uncommon experience when the 
writer was a boy to assist in rolling logs. Well do we remember 
neighbor James.' announcement that he would have a "log- 
rolling" on a certain day. We were on hand early that morniug 
ready to help roll logs. Just as the sun was going down on 
the evening of that day all of neighbor James? logs had been 
rolled into log-heaps, and nature's fire was employed to com- 
plete the labors of the day. In recent years we hear of "log- 
rolling" in the Congress of the United States. That means 
that a certain Congressman has a bill which he has introduced 
and which he desires to become a law, and he wants his 
neighbors to help him roll it through Congress, and he goes 
to them and says: You help me pass my bill when it comes 
before the House and I will vote for, and help you pass your 
bill when it comes to a vote. Possibly the "log-rolling" 
method is employed in the passage of most bills. 




This bill was introduced in the riouse of Representatives. 



174 



HOW LAWS ARE MADE. 



It was referred by the Speaker of the House to an appropriate 
committee. It was thoroughly discussed and investigated by 
the committee, and reported back to the House with the 
recommendation that it pass. The House then passed the bill 
by a majority vote, and it was carried by the Clerk to the 
Senate. This body then referred the bill to an appropriate 
committee, and the committee considered the bill and reported 
it back to the Senate and the Senate passed it by a majority 
vote. The Speaker of the House and the President of the' 
Senate affixed their signatures to it, and it was carried to the 
White House, where the President signed it, thereby making it 
a law. 




This bill pursued the same course as the first bill, until it 
reached the President The Constitution gives the President 
ten days to deliberate whether he approves the measure sent 
to him by Congress. He failed to sign this bill within the ten 
days, Sundays excepted, and it became a law without his 
signature. If Congress had adjourned before the expiration 
of ten days or before the measure was returned, it would not 
have become a law. This is called a "Pocket Veto." 




This bill was introduced in the House and was sent to a 
committee. The committee reported it back to the House with 






HOW LAWS ARE MADE. 



175 



the recommendation that it pass. The House passed the bill 
with a majority vote and sent it to the Senate. It was referred 
to a committee by the Senate. It passed the Senate, and was 
sent to the President for his signature. The President vetoed 
the bill, and sent it back to the House with his written 
objections to it becoming a law. The House took the veto and 
the bill under consideration and passed it by a two-thirds vote, 
and sent it to the Senate for its consideration. The Senate 
passed the bill with a two-thirds vote, thereby passing the bill 
over the President's head and making it a law without his 
signature. 




This illustration is used to show that a bill can be intro- 
duced in the Senate. Any bill may be introduced in the Senate 
except revenue bills. 




This bill pursued the same course as other bills until it 
reached the Senate. The Senate passed the bill with amend- 
ments and returned it to the House. The House did not agree 
to the amendments and sent it back to the Senate. The two 
Houses were unable to agree, and as the bill was an important 



176 HOW LAWS ARE MADE. 

measure, the Senate requested a Conference Committee. This 
committee was appointed and consisted of members from both 
Houses, and the bill was sent to it for consideration. The 
Conference Committee reported a compromise between the two 
Houses with the recommendation that the bill pass with the 
changes offered by the committee. The House and the Senate 
passed the bill as reported by the committee and sent it to 
the President for his signature and it became a law. The Con- 
ference Committee is not usually appointed except in cases of 
important bills and resolutions. 



SUGGESTIVE QUESTIONS. 

Who are the lawmakers in the United States? 

Explain fully, as given in this chapter, the illustration which shows the 

development of public opinion and how an idea became a law. 
Name some laws that were at first the idea of some one man, but afterwards 

have helped to make history. 
Study some of your ideas and work that have contributed to the upbuilding 

of your home, neighborhood, town, or county. 
In what way does the individual, the school, the home, the neighborhood. 

and the county, congressional district, State, and national conventions, 

aid in making public opinion and laws? 
Tell how members of the different conventions are appointed. 
What is said about artificial laws? 
Are political parties necessary in a republic? 

In what way does a republic depend upon the voice of the people? 
What is the relation of each citizen to the public voice? 
Where must revenue bills originate? Why? 
Describe the course of a bill through Congress. 
Tell something about the committee system of Congress. 
What is meant by the President's veto? 
What is "filibustering"? 
What is meant by "log-rolling"? 
Study the illustrations, and then tell the different ways in which a bill may 

become a law. 
What vote does it require to pass a bill over the President's veto? 
What is a "pocket veto"? 

QUESTION FOR DEBATE. 

Resolved, That the national Constitution should be amended so as to 
deprive the President of his veto power. 






CHAPTER XIV. 

THE POWERS OF CONGRESS. 

Sec. 8. — The Congress shall have power: 

Clause 1. — To lay and collect taxes, duties, imposts, and excises to pay 
the debts and provide for the common defense and general welfare of the 
United States; but all duties, imposts, and excises shall be uniform through- 
out the United States. 

The Need of this Power. — Our government is an enor- 
mous business enterprise. It requires a vast amount of money 
to meet the running expenses. This money is raised through 
a system of taxation. The power to raise and collect taxes is 
a legislative function and can not be exercised by any other 
department of government. Congress is given the power to 
lay and collect taxes, to meet the expense of the government, 
and to provide for the common defense and general welfare of 
the nation. As taxes are paid by the people, it is proper that 
the department of government which directly carries out the 
people's will should have the power to lay and collect such 
taxes. "The idea of taxation implies equality of burdens and 
a regular distribution of the expenses of the government 
among those persons or those classes of property which are 
rightly subject to the burden of them." 

Taxes.— "Taxes are ratable burdens or charges imposed by 
the legislative power upon persons or property to raise money 
for public purposes." Black's Constitutional Law says "Atten- 
tion should be given to the four words used in the clause under 
consideration and their different meanings. 'Taxes' is the most 
general and comprehensive of the four. It is a generic term, 
and includes duties, imposts, and excises. But as these latter 
terms have specific meanings, and as the larger word is some- 
times used in contradistinction to the terms of more restricted 
scope, it was proper that they should all be enumerated in the 
Constitution. 'Duties' is a term of larger import than 'imposts.' 
Thev both relate to commercial intercourse, but duties are 



178 THE POWERS OF CONGRESS. 

leviable on either imports or exports, while imposts relate 
only to goods brought into the country from abroad. Prac- 
tically, however, the use of the word 'duties' adds nothing to 
the scope of this grant of power, for another clause of the 
Constitution forbids the imposition of duties on articles ex- 
ported from any State. 'Excises' means taxes laid upon the 
manufacture, sale, or consumption of commodities within the 
country and upon licenses to pursue certain occupations. A 
'capitation tax' is a poll tax. It is a fixed sum exacted from 
each person, without reference to his property or pursuits.-' 

All taxes are of two kinds— -Direct and Indirect 

A Direct Tax is a tax on real property or a poll tax. "It 
is also now held by the Supreme Court that income taxes, 
whether levied on the issues and profits of real estate or on 
the gains and interest from personal property, are also 'direct* 
taxes within the meaning of the Constitution." A direct tax 
was levied by this government four times prior to 1861. It 
was levied in 1861 and repealed in 1862. 

An Indirect Tax is a tax assessed on one person but is 
indirectly paid by another. Taxes assessed on merchandise 
are indirect, as the consumer pays them. A large part of our 
national revenue is derived through indirect taxes. 

Duties and Imposts are taxes on goods imported from 
foreign countries. They are indirect taxes, for the consumer 
of imported goods indirectly pays the duty assessed by this 
government The selling price of the goods takes into account 
the item of taxes. We usually refer to all taxes of this nature 
as "customs." 

Collection of Taxes. — It takes an expenditure of a large 
amount of money to collect the Federal taxes. The government 
has arranged a special system for the collection of import 
duties by naming certain places along the coast and at other 
points to be used as "ports of entry." Custom houses in charge 
of officials known as "collectors of customs" have been estab- 
lished at these ports. The collectors are ably assisted by 
"inspectors" and other help. The government has employed 
many officers and special agents, in order to overtake any 



THE POWERS OF CONGRESS. 179 

dishonesty on the part of any persons attempting to smuggle 
goods through without paying duties. 

Sec. 8, Clause 2. — To borrow money on the credit of the United States. 

Borrowing Money. — Congress has the power to borrow 
money on the credit of the United States. It is almost as 
necessary for Congress to have this power as it is to have the 
power to lay and collect taxes. This privilege is given to 
Congress in order to provide against, any emergency that might 
suddenly arise and to offer the government an opportunity to 
arrange for extra expense in case of war and other disturb- 
ances. It has been necessary for our government to exercise 
this right several times, and if this power had not been 
extended to Congress our national existence would have been 
in danger. 

Government Bonds. — This government issues bonds for 
the amount of money it borrows. A bond is a promissory note 
made by the government, agreeing to pay a certain amount of 
money with interest at a, given time. Owing to the integrity 
of the United States, her bonds are in great demand and are 
sought by investors even at a low rate of interest. jUnited 
States bonds can not be taxed by State governments. 

Treasury Notes. — Another way the national government 
borrows money is to issue treasury notes known in the Con- 
stitution as Bills of Credit. A treasury note is "a bill or 
promissory note issued by the government of State or nation, 
upon its faith and credit, designed tp •circulate in the com- 
munity as money, and redeemable at a future date." 

Sec. 8, Clause 3. — To regulate commerce with foreign nations, and 
among the several States, and with the Indian tribes. 

Regulation of Commerce. — Previous to the adoption of 
the Constitution, each State had the power to regulate its own 
commerce with foreign nations and with other States. Each 
State used every effort to serve its own interest at the cost of 
some other State and even at the expense of the general welfare 



180 THE POWERS OF CONGRESS. 

of the colonies. The plan was very unsatisfactory and worked 
many grievous wrongs to individuals and to States. The Con- 
stitutional Convention had but little trouble in deciding to 
give Congress the power to regulate commerce. 

Extent of the Power of Congress. — The work of regu- 
lating commerce consists in prescribing rules by which it is 
to be carried on with the people of other nations as. well as the 
people of our own country. Under the power to regulate 
commerce Congress has passed laws to construct lighthouses, 
life-saving stations, to regulate the travel of boats and vessels, 
and "to move obstructions in bays, sounds, rivers, creeks, 
inroads of the ocean, and many other kindred subjects." It 
gives Congress the power to make appropriations for rivers 
and harbors, and if our government succeeds in building the 
Panama Canal, it will be under the authority given Congress 
to regulate commerce. 

Sec. 8, Clause 4. — To establish a uniform rule of naturalization, and 
uniform laws on the subject of bankruptcies throughout the United States. 

An Alien. — Congress is given the power to provide for 
the uniform naturalization of aliens. An alien is a person 
w r ho, on account of his birth under the jurisdiction of a foreign 
country, is not entitled to all the privileges of citizens of the 
United States. 

Naturalization. — Naturalization is the legal act by which 
the alien is given the same privileges enjoyed by a natural- 
born citizen, except eligibility to the presidency and the 
vice-presidency. 

Citizenship. — Congress has never given us a definition 
of citizenship, neither is it defined by the Constitution. The 
Fourteenth Amendment of the Constitution tells us who are 
citizens in the following language: "All persons born or 
naturalized in the United States are citizens thereof, and of 
the States wherein they reside." Kent defines a citizen as 
follows : "Citizens under our Constitution and laws mean free 
inhabitants born within the United States or naturalized under 
the laws of Congress." 



THE POWERS OP CONGRESS. 



181 



Under these definitions an alien can become a citizen only 
by complying with the requirements prescribed by Congress. 

Naturalization Laws of the States.— if each State had 
the power to form its own naturalization laws, we should have 
as many different kinds of laws as we have States, and this 
would lead to much confusion, abuse, and injustice. While 
the work of naturalizing a citizen belongs to the central gov- 
ernment, yet it does not necessarily follow that a State can 
not under its laws extend certain privileges to the alien and 
permit him under certain conditions to vote even before he 




Aliens who have been admitted landing in New York at the Barge Office. 



is naturalized. State citizenship extended to an alien can not 
extend beyond the limits of the State granting' this citizenship. 
No State can make an alien a citizen of the United States. The 
national government alone has this power. 

Steps in Making an Alien a Citizen.— l. An alien 
arrives in this country from a foreign land. 

2. After three years he makes oath or affirmation before a 
Circuit or District Court of the United States, or a Oourl of 
Record of the State, setting forth his purpose to become a 



182 THE POWERS OF CONGRESS. 

citizen of the United States and to renounce all allegiance to 
any other government. He can take this step before the 
expiration of the three years, if he desires. However, he can 
not secure his naturalization papers until five years from the 
time of his arrival. It is necessary for him to take this step 
not less than two years before his final admission. 

3. After two years from the time he makes the above 
declaration and five years from the time he came to this 
country, he must appear before a court and declare on oath 
that he will support the Constitution of the United States and 
renounce all allegiance to any foreign government. If he has 
a title of nobility, he is required to renounce it also, for this 
is one of the first conditions necessary in the making of a true 
American, The court admitting him must have positive evi- 
dence that he has resided in the United States for five years 
and one year in the State or Territory where the court is held, 
and that his conduct has been that of a man of good behavior. 



CONDENSED HELP. 

One may forfeit citizenship by deserting military or naval service. 

Under a law passed by Congress in 18S2, Chinese can not be naturalized. 

An American woman who marries an alien is not entitled to American 
protection. 

No alien can become naturalized at the time his country is at war with 
the United States. 

Children born to United States citizens while temporarily located in 
foreign countries are native born citizens of our government. 

If an alien, after making his declaration of his intention to become a 
citizen, dies, his widow and children will become citizens on taking the 
oath of allegiance. 

All naturalized citizens while in foreign countries shall receive the 
same protection from this country as native-born citizens. 

Children under twenty-one years of age at the time their parents are 
naturalized are entitled to the same privileges extended children of native- 
born parents. 

A soldier who has served one year and who is twenty-one years old- 
and has an honorable discharge from the army of the United States becomes 
a citizen without a previous declaration of intention and with one year's 

residence. 



THE POWERS OF CONGRESS. 183 

The natives of foreign territory become citizens when .the territory 
is incorporated into our Union by treaty or otherwise. Whole communities 
have been naturalized at one time; for example, Texas with all her people 
was admitted into the Union by a joint resolution of Congress. 

"An alien, coming to this country when a minor, who shall have resided 
in the United States three years next preceding his arriving at the age of 
twenty-one, and who shall have continued to reside therein to the time of 
his application, may, after he arrives at the age of twenty, and after he 
shall have resided five years in the United States, be admitted a citizen 
without the previous declaration. A woman who might lawfully be natural- 
ized under the existing laws, married to a citizen, shall be deemed a 
citizen." — United States Statutes. 

Bankruptcy. — Congress has the power to make uniform 
bankruptcy laws throughout the United States. Each State 
would have a limited right to pass laws regulating this ques- 
tion, provided the national government did not exercise its 
power. In fact, many States have passed insolvency laws at 
times when the national government had no bankrupt laws. A 
person who is unable to pay his debts is said to be a bankrupt ; 
and the law that distributes what property he may have among 
his creditors and relieves the debtor from the payment of such 
debts is a bankrupt law. 

Object of Bankrupt Law. — The bankrupt law is in- 
tended to benefit creditors and debtors. It makes a just 
distribution of the property of the debtor among the creditors, 
and, at the same time, relieves a debtor from "hopeless insolv- 
ency" and gives him an opportunity to engage in business 
again. 

Solvency and Insolvency. — Every man is either a solvent 
or an insolvent. It is held by some that no man is an insolvent 
until he becomes a bankrupt, but we shall consider all persons 
who can pay their debts as solvent and those who can not pay 
their debts as insolvent. Every man's business falls under 
one of three conditions — his resources and liabilities are equal ; 
or his resources are larger than his liabilities; or his liabilities 
are larger than his resources. 

The Moral Obligation. — Under the bankrupt law, a 
person secures a legal discharge from the payment of his debts, 
but this does not imply that he is morally relieved from further 



184 THE POWERS OF CONGRESS. 

obligations to his creditors. The law relieves him from the 
burden of being an insolvent and gives him a chance to make 
another effort to succeed in his work and accumulate property. 

The honest man who succeeds in his business after being 
relieved of his debts by taking the bankrupt law, will use 
every dollar his circumstances (or estate) will permit in the 
payment of his debts. 

The man of character will do all in his power to use the 
opportunities offered by the bankrupt law to redeem his unre- 
deemed promises to his creditors. Bankruptcy is a test of a 
man's character. 

Sec. 8, Clause 5. — To coin money, regulate the value thereof and of 
foreign coin, and fix the standard of weights and measures. 

Coinage of Money. — Exclusive power to coin money and 
to regulate its value and the value of foreign coin is given to 
Congress. Under the Articles of Confederation the several 
States had the power to coin money. If the central govern- 
ment did not have this privilege, we should have as many kinds 
of money as we have States, and this condition would lead to 
a national crisis and many wrongs. All nations regard the 
power to coin money as a right of sovereignty. Congress also 
has the power to "regulate the value of money" and of foreign 
coin. 

CONDENSED HELP. 

Regulating the value of money refers to determining the ratio of one 
metal to another. 

Regulating the value of foreign coin consists in "determining what 
amount of our money foreign coin shall represent." 

Treasury notes, commonly called greenbacks, were by the Act of 
1862 made legal tender for any amount. 

The Bureau of the Mint is located in the Treasury Department. A 
Director is at the head of this Bureau. Each Mint has a superintendent, 
who reports to the head Director. The leading mint is located at Phila- 
delphia. Branch mints are located at New Orleans, Louisiana; Carson City, 
Nevada; and San Francisco, California. The government has assay offices 
at New York City; Denver, Colorado; and Boise, Idaho. Letters are put on 
coins to show what mint struck them off; for example, "C. C," Carson 
City. The government has issued the following coins: One, two-and-a-half, 
three, five, ten, and twenty-dollar gold pieces. The two-and-a-half piece in 



THE POWERS OF CONGRESS. 185 

known as the quarter eagle; the five, a half eagle; the ten, an eagle; and 
the twenty, as a double eagle. These coins are legal tender in the payment 
of all debts, public and private. The silver dollar is legal tender for all 
amounts. The Quarter and half dollar are legal tender for amounts not 
exceeding ten dollars. The five-cent, three-cent, and one-cent coins are 
legal tender for any amount not exceeding twenty-five cents. The govern- 
ment also issues paper money. It is made at the Bureau of Printing and 
Engraving. "The kinds of paper money now in circulation are United States 
notes, silver certificates, gold certificates, treasury notes of 1890, and 
national bank notes. 

Standard of Weights and Measures.— But little has 
been done by Congress in the execution of this power, except 
to secure copies of English standards and adopt them in the 
Custom Houses of this country, and "to pass a permanent 
statute for the use of the metric system throughout the United 
States." All the States have adopted the same standard of 
weights and measures used in the Custom Houses, thereby 
making a uniform standard throughout the country. The 
States have a right to regulate this question, provided it is 
not done by Congress, "but, if Congress should at any time 
proceed to adopt a uniform national system, all State laws 
in so far as they might be inconsistent therewith, would be 
suspended and superseded." 

Sec. 8, Clause 6. — To provide for the punishment of counterfeiting the 
securities and current coin of the United States. 

Counterfeiting. — Government bonds, treasury notes, cer- 
tificates, etc., are securities of the United States. Congress 
has power to punish counterfeiting of these securities and of 
the current coin. To counterfeit is "to copy or imitate without 
authority or right, and with a view to deceive or defraud by 
passing the copy for the original or genuine." If the govern- 
ment did not have this power, spurious coin and securities 
would be circulated and people would be afraid to use money 
as a medium of exchange, the whole system of barter and com- 
merce would be disturbed, and a national calamity visited upon 
the people. This power of Congress does not preclude the 
State's privilege to pass laws to punish counterfeiting of 
securities and coin manufactured and circulated in the United 



186 THE POWERS OF CONGRESS. 

States. Black's Constitutional Law says: "While Congress 
has exclusive authority to define and punish the crime of mak- 
ing or producing counterfeit coin, the States may validly enact 
laws against the passing or uttering of counterfeits, or against 
having in possession tools or implements intended for use in 
counterfeiting. The reason is that the former act is an offense 
against the United States alone; but the States have a right 
to punish for the fraud and wrong done by one who knowingly 
imposes upon his fellow-citizens with false and worthless 
imitations of money." 

Not only persons who manufacture forged coin and securi- 
ties, but persons who put them into circulation or have them 
in their possession for the purpose of putting them into circu- 
lation, are guilty under the law and can be punished by severe 
penalties fixed by law. Congress has the power also to punish 
counterfeiting of foreign securities. 

Sec. 8, Clause 7. — To establish post-offices and post-roads. 

Post-Offices and Post-Roads.— A post-office is the 
place where mail is received, stamped, transferred, delivered, 
and distributed; and a post-road is the road on which the 
mail is carried. "The statute declares all the waters of the 
United States, during the time the mail is carried thereon, all 
railroads and canals, and all letter-carrier routes in towns and 
cities to be 'post routes,' " Under this clause of the Consti- 
tution, Congress has the power not only "to designate the 
places where post-offices shall be kept, and the roads over 
which the mail shall be carried," but it gives Congress the 
power to build post-offices, make contracts for the carrying 
of the mail, and, when necessary, to open and build post-roads 
and provide for all other features connected with maintaining 
and operating the postal service system. The law defines as 
post-roads "all letter-carrier routes in towns a.nd. cities, all 
railroads and canals, and all waters of the United States 
during the time the mail is carried thereon." 



THE POWERS OF CONGRESS. 



187 



Sec. 8, Clause 8. — To promote the progress of science and useful arts, 
by securing for limited times to authors and inventors the exclusive right 
to their respective writings and discoveries. 

Object. — The national government has the exclusive power 
to protect authors and inventors by issuing copyrights and 
patents. All of the great inventions and the best literature; 
in fact, every invention, book, map, chart, musical composi- 
tion, engraving, etc., at one time existed in the mind of man. 
The government recognizes the powers of the individual and 
"promotes the progress of science and useful arts" by giving 
to man the exclusive rewards of his labor. Most of the great 




Library of Congress, Washington, D. C. 

inventions are worked out and books written by poor 
men, and, if they were not protected by the copyright and 
patent, they could not afford to spend their time in such a 
work. Necessity would force them to give their attention to 
other matters. Neither would the rich man be likely to give 
years of ceaseless toil in working out an idea unless his 
government protected him in the enjoyment of the reward of 
his labors. 

Copyright.— A copyright gives the author of a book, chart, 
map, musical composition, engraving, painting, drawing, 
chromo, statue, and other productions of similar nature the 



188 THE POWERS OF CONGRESS. 

exclusive privilege of printing, publishing, and selling them 
for a term of twenty-eight years. At the expiration of twenty- 
eight years, it may be renewed for fourteen years. 

Securing a Copyright. — The author works out the title 
page of the book, map, chart, painting, musical composition, 
engraving, cut, or photograph, or a description of the statue, 
chromo, painting, drawing, etc., has iti printed, and delivers 
it or sends it by mail prepaid to the Librarian of Congress, 
Washington, D. C. This title must contain the name of the 
claimant of the copyright and the date of the application. 

The kind of type is immaterial. The printing of the type- 
writer is accepted. The fee for recording the title is fifty cents 
for a naturalized citizen and one dollar for a foreigner, and 
the same amount is charged for a copy of the certificate of 
copyright. This makes a total cost of one dollar for the nat- 
uralized citizen. 

Within ten days after the publication of the book or other 
article, two complete copies of the best edition issued must be 
sent to the Librarian of Congress, Washington, D. C. A 
copyright would be void without the deposit of the two books. 

Notice of the copyright must appear on the page following 
the title page. The following forms are used: Copyrighted, 

19 — , by ; or, Entered according to an Act of Congress 

in the year , by in the office of the Librarian of 

Congress at Washington, D. C. 

Patent Rights. — Letters patent are granted by the United 
States government to "inventors and discoverers of any new 
or useful art, machine, manufacture, or composition of matter, 
or any new and useful improvement on such, which had been 
previously unknown and had not been used by others, and 
which had not been on sale or in public use for more than two 
years prior to the application for a patent." Application for 
a patent is made to the Commissioner of Patents, Washington, 
D. C. A full description, together with such drawings of the 
invention as may be necessary, must accompany the applica- 
tion. Each patented article should be stamped "patent." It 






THE POWERS OF CONGRESS. 



189 



costs thirty-five dollars to secure a patent. A patent protects 
an inventor in the exclusive right to manufacture and sell his 
invention for a period of seventeen years. No extension of this 
time can be made except by a special act of Congress. 




United States Patent Office, Washington, D. C. 
Sec. 8, Clause 9. — To constitute tribunals inferior to the Supreme Court. 

The Supreme Court was named by the Constitution and 
organized by Congress. Inferior courts have been organized 
by Congress. Each one will be considered under Article 3. 

Sec. 8, Clause 10. — To define and punish piracies and felonies conv 
mitted on the high seas, and offenses against the law of nations. 

Piracy and Felony. — Congress has the power to defiue 
and punish piracies and felonies. Piracy is robbery on the 
high seas. Under the Law of Nations the slave trade is not 
considered piracy, but Congress under this clause has declared 
it to be piracy. The term high seas refers to the ocean whose 
waters are common to all the nations of the world. A State 
or nation has jurisdiction over the sea extending about three 
miles from its coast line, or extending three miles from the 
low-water mark. The Law of Nations is a code of rules based 
on the moral law and principles of natural justice, that governs 
nations in their relations to each other. 



190 THE POWERS OF CONGRESS. 

Sec. 8, Clause 11. — To declare war, grant letters of marque and reprisal, 
and make rules concerning captures on land and water. 

Declaring War. — The power to declare war very properly 
belongs to that branch of Congress which is the closest to 
the people, who have to bear its burdens and hardships. A 
declaration of war is a formal notice given by one nation 
announcing its determination to prosecute a war against 
another. In this country this declaration must be made by 
Congress; while in monarchical governments this power be- 
longs to kings. War may exist without a declaration. 

Letters of Marque and Reprisal. — "Marque signifies 
boundary." Letters of marque and reprisal are commissions 
issued to private persons permitting them to go beyond the 
limit of the country and take the person or property of subjects 
of another nation as a retaliation for some injury committed 
by such a nation. Reprisal means a retaking, This indicates 
the reason for issuing the commission. Vessels having in their 
possession these commissions are called privateers. The cus- 
tom of issuing letters of marque and reprisal was formerly 
common, but in recent years it is looked upon as a disreputable 
method. 

Sec. 8, Clause 12. — To raise and support armies; but no appropriation 
of money to that use shall be for a longer term than two years. 

Maintaining and Supporting Armies. — Under the Ar- 
tides of Confederation, Congress could declare war, but had 
no power to raise and support armies. It had the power to 
make requisitions on the State and land forces, but no power 
to enforce its own action. It had been thoroughly established 
in the minds of the great statesmen during the Revolutionary 
War that this system was not only inadequate, but dangerous. 
The Constitutional Convention had no trouble in deciding to 
give Congress the power to raise and support armies. This 
power was severely criticized by the States when the Consti- 
tution was submitted to them for ratification. The privilege 
to declare war is a national sovereignty that belongs to the 
people. The Convention recognized this fact in placing a 



THE POWERS OF CONGRESS. 191 

restriction on Congress by declaring that an appropriation of 
money for this purpose shall not be for a longer term than two 
years. This restriction practically places the standing army 
in the hands of the people, for each new Congress is required 
to vote upon a bill authorizing a standing army and its sup- 
port. It is now the custom for Congress to vote on this question 
annually. If one Congress should refuse to vote for the sup- 
port and continuation of a standing army, it would be forced 
to disband. Under the two-year restriction, the people have 
the power to regulate the size of the standing army and the 
number of military offices. 

Sec. 8, Clause 13. — To provide and maintain a navy. 

The Navy. — No government needs a great navy more 
than the United States. Our immense sea coast dotted with 
many of our greatest cities, a vast commerce with the nations 
of the world, and other interests, make it necessary for this 
government to have a strong and well-built navy, disciplined 
and managed by trained men. Congress is given the power 
to provide for and maintain a navy. 

Sec. 8, Clause 14. — To make rules for the government and regulation 
of the land and naval forces. 

The Military Law. — Congress under this clause has pre- 
scribed a code of rules known as the "military law" for the 
discipline, government, and regulation of the army and navy. 
Members of the army and navy who violate the military law 
are tried by a court martial, and punished according to the 
law. For capital punishment and a few other cases, the 
approval of the President is necessary. 

Sec. 8, Clause 15. — To provide for calling forth the militia to execute 
the laws of the Union, suppress insurrections and repel invasions. 

The Militia. — Besides the standing army, the defense of 
the country is provided for through the militia. Congress has 
declared that "all citizens, and those who have declared their 
intention to become such, between (he ages of eighteen and 



192 THE POWERS OF CONGRESS. 

forty-five" are the militia of the United States. If Congress 
did not have this power, it would be necessary for this country 
to have a larger standing army. Americans are intensely 
patriotic, and the unorganized and organized militia can always 
be relied upon to respond to the national call to execute the 
laAvs, suppress insurrections, and repel invasions. Congress 
has given the President in certain emergencies the power to call 
out the militia. Congress has power when necessary to call out 
the militia. The national guard constitutes the organized part 
of the militia. This portion of the militia is equipped, drilled, 
and officered by the States according to rules prescribed by 
Congress. When the militia is needed, the President makes 
the call through the governor of the State. The militia was 
called out during the Whisky Rebellion, the War of 1812, the 
Civil War, the Spanish War, and to suppress the Philippine 
insurrection. 

Sec. 8, Clause 16. — To provide for organizing, arming and disciplining 
the militia, and for governing such part of them as may be employed in the 
service of the United States, reserving to the States respectively the ap- 
pointment of the officers, and the authority of training the militia according 
to the discipline prescribed by Congress. 

Rights Reserved to States. — It will be observed in this 
clause that while Congress imposes upon the national govern- 
ment certain duties, it at the same time recognizes the natural 
rights that belong to the States. Congress prescribes uniform 
rules for the training of the militia, but reserves "to the States 
respectively the appointment of the officers and the authority 
of training the militia." 

Sec. 8, Clause 17. — To exercise exclusive legislation in all cases what- 
soever over such district (not exceeding ten miles square) as may, by 
cession of particular States and the acceptance of Congress, become the 
seat of government of the United States, and to exercise like authority over 
all places purchased by the consent of the Legislature of the State in which 
the same shall be, for the erection of forts, magazines, arsenals, dockyards, 
and other needful Jbuildings. 

Government of the District of Columbia.— Upon one 

occasion when the Continental Congress was in session in 



THE POWERS OF CONGRESS. 19& 

Philadelphia, it was surrounded by a mob of mutineers from 
the American army. It was subjected to insults, and, as the 
civil authority of the State of Pennsylvania offered no protec- 
tion, was forced to go to Princeton, New Jersey, in order to 
escape violence. Many of the members of the Continental 
Congress were afterward members of the Constitutional Con- 
vention, and they had no trouble in convincing the majority 
of the members of the Convention that the United States should 
have absolute control over its seat of government, in order to 
guard against any future embarrassment and danger that 
might arise from any source. This clause gives the govern- 
ment also an opportunity to protect its public buildings, 
archives, and other property and interests. 

Federal Territory. — The territory now occupied by the 
District of Columbia was ceded by Maryland to the United 
States. Virginia also ceded territory. Both States combined 
gave about one hundred square miles. That part of the terri- 
tory ceded by Virginia was, nearly sixty years afterward, 
returned to Virginia by an Act of Congress. The present 
District of Columbia contains less than seventy square miles. 

Present Government of the District. — The District of 
Columbia is neither a State nor a Territory. It is not governed 
by the people of the District of Columbia, but by Congress. 
Its government was vested, by an Act of Congress approved 
June 11, 1878, "in three commissioners, two of whom are 
appointed by the president from citizens of the District, having 
had three years' residence therein immediately preceding that 
appointment, and confirmed by the Senate. The other com- 
missioner is detailed by the President of the United States 
from the corps of engineers of the United States army." The 
appointments are made with the consent of the Senate. Con- 
gress is the legislative body of the District of Columbia. 
However, it has entrusted to the commissioners authority to 
make police regulations, building regulations, plumbing regu- 
lations, and other regulations of a municipal nature. 



194 THE POWERS OF CONGRESS. 

Suffrage and Taxation. — The inhabitants of the District 
of Columbia have no political rights. They have no right to 
vote. The Federal government pays for one-half of the expenses 
of the local government, and the property owners of the Dis- 
trict for the other half. 

Sec. 8, Clause 18. — To make all laws which shall be necessary and 
proper for carrying into execution the foregoing powers, and all other 
powers vested by this Constitution in the government of the United States, 
or in any department or offices thereof. 

Implied Powers. — This clause does not grant any new 
power. The earnest student of government has already n )ttccd 
that there is only an enumeration of the powers of Congress 
in the Constitution and no definitions. This clause has given 
rise to what is known as ''implied powers." The Constitution 
says: "Congress has the power to borrow money on the credit 
of the United StatesJ" but it does not say that Congress has the 
power to issue bonds or other evidences of the debt. T us 
power, however, is implied and is necessary in order to carry 
into execution the expressed powers of Congress. Mr. Mc- 
Cleary, in his book on "Studies in Civics," says: "Congress has 
power to declare war. By implication it has power to prosecute 
the war by all legitimate methods known to international law. 
To that end it may confiscate, therefore, their slaves." Congress 
would have great difficulty in putting into execution the ex- 
pressed powers of Congress without the exercise of implied 
powers. "This clause," says Story, "neither enlarges any power 
specifically granted, nor is it a grant of any new power to 
Congress; but it is merely a declaration for the removal of all 
uncertainty that the means of carrying into execution those 
otherwise granted or included in the grant. Whenever, there- 
fore, a question arises concerning the constitutionality of a 
particular power, the first question is whether the power be 
expressed in the Constitution. If it be, the question is decided. 
If it be not expressed, the next inquiry must be whether it is 
properly an incident to an expressed power and necessary to 
its execution. If it be, then it may be exercised by Congress. 
If not, Congress can not exercise it." 



THE POWERS OF CONGRESS. 195 



SUGGESTIVE QUESTIONS. 

How is the money -that is needed to run our government raised? 

Give the general plan. 

What is meant by laying and collecting taxes? 

Define duties, imposts, excises, and customs. 

How many kinds of taxes? 

What is a direct, an indirect, and an income tax? 

Will a good citizen cheerfully pay a just tax? Why? 

Why is it that some citizens are careful in meeting their moral obligations 

but are indifferent about paying a just tax? 
Why is it necessary for the government to have the power to borrow money? 
How does the government borrow money? 
What securities does the government offer? 
What is the credit of the United States? 
What stands for the credit? 
Can our personal property be taken for the payment of the government's 

debts? How? 
What are United States bonds and bills of credit? 
Define commerce. 

What is meant by regulating commerce? 
Who has the power to regulate commerce? 
Of what does the work of regulating commerce consist? 
Define naturalization. Define citizenship. 
What department of government has the power to make a uniform law of 

naturalization? 
Why is it necessary to have naturalization laws? 
Can a State pass naturalization laws? 

Can a State make an alien a citizen of the United States? 
Give the steps and tell what is necessary in making an alien a naturalized 

citizen. 
How may a citizen forfeit his citizenship? 
Can a Chinaman be naturalized? Why? 
Can an alien whose country is at war with this country be naturalized? 

Why? 
Is a child born to United States citizens while temporarily in a foreign 

nation native-born? Why? 
If an alien should die after making a declaration of his intention to become 

a citizen, what effect would his death have on the naturalization of his 

children? 
Do children of foreign-born parents, who are under twenty-one years of age 

at the time of the naturalization of their parents, enjoy the same 

privileges as American-born children? 
What special privileges are enjoyed by soldiers who have served our 

country and who desire to become naturalized? 
How may the natives of foreign territory that has been incorporated into 

the union, become citizens? 
What special privilege is enjoyed by minors who come to this country three 

years before they arrive at the age of twenty-one? Explain. 
Who made our bankrupt law? 

When do the States have a right to make bankrupt laws? 
Who is a bankrupt? 



196 THE POWERS OF CONGRESS 

What is the object of our bankrupt laws? 

Define solvency. 

What is the condition of a solvent's business? 

What is the moral obligation of every citizen when his resources and 
liabilities are equal? 

What are his privileges when his resources are much greater than his 
liabilities? 

Define insolvency. 

What is the moral obligation of a citizen when his liabilities are much 
greater than his resources? 

Has a man a right to ask credit of his neighbor when he himself is finan- 
cially embarrassed? 

If an honest man is forced into bankruptcy and afterward accumulates a 
fine property and is amply able to do so, will he pay off the obligations 
he made before he took advantage of the bankrupt law? 

Define money. 

Who has the right to coin money? 

What would be the result if each State had the power to coin money? 

Is the power to coin money a sovereign privilege? Why? 

What is meant by regulating the value of money and of foreign coin? 

W r hat are treasury notes? 

Of what does the bureau of the mint consist? 

Where is it located? 

Where are the United States mints located? 

W 7 here are the assay offices? 

Name the coins authorized by the government. 

To what extent is each a legal tender for the payment of debts? 

Who has the power to fix the standard of weights and measures? 

Of what does this consist? 

What standard of weights and measures has been adopted? 

When may the States regulate this question? 

What are the securities and current coin of the United States? 

Define counterfeiting. 

Who has exclusive authority to define and punish counterfeiting? 

Can a person be punished for circulating counterfeited securities and coin? 
Why? 

What is a post-office and a post-road? 

Who has the power to establish post-offices and post-roads? 

Name some of the post-roads. 

How is the expense for maintaining the post-office department met? 

What is a copyright and a patent? 

What is a patented article? 

What is the object of issuing copyrights and patents? 

What may be copyrighted? 

What does a copyright cost? 

For how long is the copyright good? 

Can it be renewed? Tell everything about securing a copyright. 

What is meant by letters patent? By whom granted? Why issued? 

To whom is application for a patent made? 

Give the steps in securing a patent? For how long is a patent good? 

May the time be extended? By whom? 

Quote the constitutional words that authorized a supreme and inferior 
federal courts. 

Who has the power to define and punish piracies and felonies? 

Define piracies and felonies. 



THE POWERS OF CONGRESS. 107 

What is meant by high seas? What is meant by law of nations? 

W r ho has the power to declare war and grant letters of marque and reprisal? 
Why? 

What is a declaration of war? May war exist without a declaration? 

How often has the United States declared war? When? 

What are letters of marque and reprisal? 

What are privateers? 

W T ho has the power to raise and support armies? Why? 

For what length of time may money be appropriated for the maintenance 
of the army? 

In what way do the people constitute a check on the standing army? 

How may the people abolish the standing army? 

Of what is the navy of the United States composed? 

Why is a navy necessary? 

Who provides for and maintains the navy? 

Give the constitutional words that authorize this government to make mili- 
tary laws for the discipline of the land and naval forces. 

To what extent may punishment be inflicted under the military law? 

What is the militia? 

What is the difference between the militia and the standing army? 

When can the federal government call out the militia? 

Who has the right to appoint officers and train the militia? 

Why is it necessary for the government to have absolute control over its 
seat of government? 

Who ceded the territory now occupied by the District of Columbia? 

About what is the area of the District of Columbia? 

Tell how the District of Columbia is governed. 

What political rights do the inhabitants of the District enjoy? 

Who pays the expenses of maintaining the government of the District of 
Columbia? 

Explain fully Section 8, Clause 18, of the powers of Congress. • 

QUESTION FOR DEBATE. 
Resolved, That an income tax is just. 




PRESIDENT ROOSEVELT, 



CHAPTEK XV. 

LEGISLATIVE PROHIBITIONS AND STATE LIMITATIONS. 

Sec. 9, Clause 1. The migration or importation of such persons as any 
of the States now existing shall think proper to admit, shall not be prohib- 
ited by the Congress prior to the year one thousand eight hundred and eight, 
but a tax or duty may be imposed on such importation, not exceeding ten 
dollars for each person. 

The Slave Trade. — At the time the Constitution was 
formed, the slave trade was carried on between Africa and a 
number of the States of the Union. Some of the States had 
prohibited slave trade by State laws. However, others per- 
mitted it and insisted on being given the constitutional right 
to continue it. The convention finally decided to recognize the 
slave trade until 1808. The importation of slaves was pro- 
hibited by a Congressional law which took effect January 1, 
1808. It was estimated that between the adoption of the Con- 
stitution and the year 1808 over three hundred thousand slaves 
were imported into this country. The Federal Government had 
a right to impose a tax of ten dollars for each slave imported, 
but it never exercised this privilege. This clause is now 
obsolete, and is of only historical interest. 

Slavery Prohibited. — The Thirteenth Amendment to the 
Constitution of the United States, which abolished slavery in 
every part of the United States and all the territory under its 
jurisdiction, was ratified December 18, 1865, and the negro was 
given by this and later amendments, the same constitutional 
rights enjoyed by the white man. 

Sec. 9, Clause 2. — The privilege of the writ of habeas corpus shall not 
be suspended unless, when in cases of rebellion or invasion, the public safety 
may require it. 

Writ of Habeas Corpus. — A writ is an instrument in 
writing issued by authority of law, commanding the person 
to whom it is directed to do a certain act. Habeas Corpus 
means "you may have the body," and the writ (once in Latin, 



200 LEGISLATIVE PROHIBITIONS AND STATE LIMITATIONS. 

now in English) commands the officer to whom it is addressed, 
to bring into court the body of the person whose detention is 
inquired into. The writ of habeas corpus is regarded as one 
of the greatest safeguards against unlawful imprisonment. If 
a person is imprisoned, he, or his friends, may make applica- 
tion before a competent judge for a writ authorizing the person 
to be brought before him for an investigation of the legality of 
the imprisonment. The person or persons detaining him will 
be given an opportunity to show reasons why the person should 
not be discharged. If, after the evidence is heard, the judge is 
of the opinion that the accused is not lawfully detained, he will 
discharge and release him. But the guilt or innocence of the 
accused, the truth or falsity of the charges against him are not 
inquired into. This clause of the Constitution provides that the 
privilege of the writ of habeas corpus can not be suspended 
except "in cases of rebellion or invasion the public safety may 
require it." When this privilege is exercised by the govern- 
ment, it must be ordered by Congress, or by the President when 
authorized by Congress. When the privilege is suspended, it 
can affect only those parts of the country in a state of war. 
The privilege of the writ was never suspended until 1861. 

Sec. 9, Clause 3. — No bill of attainder or ex post facto law shall bej 
passed. 

A Bill of Attainder. — The following extract from a de- 
cision of Mr. Justice Field, of the Supreme Court, gives us an 
excellent definition of this bill: 

"A Bill of Attainder is a legislative act which inflicts pun- 
ishment without a judicial trial. If the punishment be less 
than death, the act is termed a bill of pains and penalties. 
Within the meaning of the Constitution, bills of attainder 
include bills of pains and penalties. In these cases the legis- 
lative body, in addition to its legitimate functions, exercises 
the powers and office of judge; it assumes, in the language of 
the text-books, judicial magistracy; it pronounces upon the 
guilt of the party, without any of the forms or safeguards of 
trial; it determines the sufficiency of the proofs produced, 






LEGISLATIVE PROHIBITIONS AND STATE LIMITATIONS. 201 

whether conformable to the rules of evidence or otherwise; and 
it fixes the degree of punishment in accordance with its own 
notions of the enormity of the offense. . . . These bills are 
generally directed against individuals by name; but they may 
be directed against a whole class." 

Ex Post FactO LawSo — An ex post facto law declares 
an act to be a crime when it was not such at the time it was 
done; or enlarges or makes more heinous its punishment 
though it was a crime when committed; or even changes the 
rules of evidence so as to make it easier to convict the accused. 
Ex post facto laws relate exclusively to crimes and are void 
because unconstitutional. 

Sec. 9, Clause 4. — No capitation op other direct tax shall be laid, unless 
in proportion to the census or enumeration hereinbefore directed to be 
taken. 

Capitation and Direct Taxes. — A capitation tax is a 
tax on the head. This clause was made a part of the Consti- 
tution to guard against levying a special or poll tax on the 
two-fifths of the slaves not enumerated for representation men- 
tioned in Article 1, Section 2, of the Constitution. The natio/nal 
government has never levied the capitation tax. "A direct tax 
is one which is demanded from the very persons who, it is 
intended or desired, should pay it." The abolition of slavery 
renders this clause useless. 

Sec. 9, Clause 5. — No tax or duty shall be laid on articles exported from 
any State. No preference shall be given by any regulation of commerce 
or revenue to the ports of one State over those of another; nor shall vessels 
bound to, or from, one State, be obliged to enter, clear, or pay duties in 
another. 

Export Duties, — The United States can not lay a tax or 
duty on any article exported from one State to another. Con- 
gress is also prohibited from discriminating between the ports 
of different States. 

Entering and Clearing. — Before a ship can 'enter' 1 a 
port, one of her officers must report the arrival of the ship and 
the nature of her cargo to the Custom House authorities and 



202 LEGISLATIVE PROHIBITIONS AND STATE LIMITATIONS. 

get permission for her to "enter." "To clear" is to obtain from 
the same authorities the necessary papers permitting her to 
sail out of the port. All ships arriving from foreign ports are 
required to "enter," and all that sail for foreign ports must 
"clear" before entering and leaving port. Vessels sailing from 
one American port to another are not obliged to "enter," 
"clear," or pay taxes at the ports of States other than that to 
or from which they may be bound. 

Sec. 9, Clause 6. — No money shall be drawn from the treasury, but in. 
consequence of appropriations made by law; and a regular statement and 
account of the receipts and expenditures of all public money shall be pub- 
lished from time to time. 

Congress and the Treasury. — This clause places a limi- 
tation on the executive department. Those who have charge 
of the public treasury are appointed by the President, and 
without this limitation he would have an opportunity to use 
the public funds to foster his own private interests. This 
condition might lead to an overthrow of our liberty and to a 
national crisis. As it is, not a dollar can be appropriated out 
of the treasury except by Congress. The governmental ex- 
penses are appropriated annually. 

Annual Report. — A complete report of all receipts and 
expenditures is made to Congress annually. This requirement 
secures a proper use of the public funds and great accuracy in 
keeping the accounts of the government. Any citizen has a 
right to examine the annual report issued by the Treasury 
Department or any other department of the government. 

Sec. 9, Clause 7. — No title of nobility shall be granted by the United 
States; and no person holding any office of profit or trust under them, shall, 
without the consent of Congress, accept of any present, emolument, office, 
or title, of any kind whatever, from any king, prince, or foreign State. 

Titles of Nobility. — This government would not be con- 
sistent with the theory of equality upon which our republic is 
built should it grant any of its subjects a title of nobility. This 
government was established for all the people and not to 



LEGISLATIVE PROHIBITIONS AND STATE LIMITATIONS. 203 

encourage class distinction, social 1 caste, and form, by granting 
titles of nobility. The self-controlled citizen of Christian 
character is America's nobleman. 

Presents. — If Federal officers could receive gifts of value 
of any kind from a foreign king, prince, or state, they might 
be influenced to sacrifice the interest of the nation. In case a 
foreign power should desire to compliment an official of this 
country with a gift, Congress may authorize the officer to 
accept it. 

Sec. 10, Clause 1. — No State shall enter into any treaty, alliance, or 
confederation; grant letters of marque and reprisal; coin money; emit 
bills of credit; make anything but gold and silver coin a tender in payment 
of debts; pass any bill of attainder, ex post facto law, or law impairing the> 
obligation of contracts, or grant any title of nobility. 

Sec. 10, Clause 2. — No State shall, without the consent of Congress, 
lay any imposts or duties on imports or exports, except what may be absor. 
lutely necessary for executing its inspection laws; and the net produce of 
all duties and imposts laid by any State on imports or exports, shall be for 
the use of the treasury of the United States; and all such laws shall be 
subject to the revision and control of the Congress. 

Sec. 10, Clause 3. — No State shall, without the consent of Congress, lay 
any duty of tonnage, keep troops or ships of war in time of peace, enter into 
any agreement or compact with another State or with a foreign power, or 
engage in war, unless actually invaded, or in such imminent danger as will 
not admit of delay. 

Treaties and Confederations. — It would not be consist- 
ent with the idea of national sovereignty if a State could enter 
Into treaties, alliances, confederations, and grant letters of 
marque and reprisal. An arrangement of this kind would 
lead to international entanglements and to the destruction of 
our Union. It was intended to take away from the States and 
to vest exclusively in Congress matter affecting our relations 
with foreign powers and further such internal affairs where 
uniformity was necessary. 

Money and Bills of Credit.— Bills of credit are "paper 
issued by the sovereign power containing a pledge of its good 
faith and designed to circulate as money." If each State had 
the privilege to coin money, we would have as many kinds of 



204 LEGISLATIVE PROHIBITIONS AND STATE LIMITATIONS. 

money as we have States, and this would lead to a multiplicity 
of commercial derangements, inconveniences, and to national 
danger. The power to coin money is a privilege that belongs 
to the highest sovereign authority. 

Legal Tender. — If a State had a right to name any metal 
for its legal tender, different States would, no doubt, name 
different metals, and this would destroy our commercial sys- 
tem. Without this constitutional prohibition, one State might 
name gold and silver while another might select much cheaper 
metals, but under the Constitution no State can "make any- 
thing but gold and silver a tender in payment of debts." This 
gives us national uniformity. 

Bills of Attainder and Ex Post Facto Laws.— The 
States are prohibited from passing bills of attainder or ex post 
facto laws, for the same reason that the central government 
is denied these powers. It is a prohibition in the interest of 
justice. 

Contracts. — A valid contract must be made in good faith 
and have in it the elements of a moral transaction. The Con- 
stitution is itself a moral law, and implies a faithful discharge 
of all moral contracts whether made by Nation or State. The 
Constitution wisely prohibits any State from declaring invalid 
a valid or moral contract. 

Titles of Nobility. — The same moral principle governs 
the State and^ Nation. If it were right for a State to make 
dukes and duchesses by awarding a title of nobility, it would 
certainly be right for the national government to do the same 
thing. The Constitution prohibits the Nation and State from 
granting titles of nobility. It thereby recognizes the qualities 
that belong to supremacy of character and to the brotherhood 
of the people. 

Duties. — The system of regulating commerce and of laying 
duties or imposts on imports and exports is largely in the hands 
of Congress. We find, however, in Clause 2 one exception — a 
State is given the privilege to lay duties to an amount "abso- 
lutely necessary for executing its inspection laws." If the 



LEGISLATIVE PROHIBITIONS AND STATE LIMITATIONS. 205 

amount levied should be more than the amount needed for this 
purpose, the balance would go to the treasury of the United 
States. The State inspection laws are also subject to the re- 
vision and correction of Congress. This prohibition on the 
States makes it impossible for a State to selfishly use this power 
under cover of inspection laws. 

Inspection Laws. — Inspection laws are the laws and 
regulations governing the inspection or examination of com- 
modities offered for sale. The object of these laws is to detect 
fraudulent practices, improve the quality of commodities, and 
to indicate the quality of each by marking it. 

Tonnage. — Tonnage refers to duties on ships. When duties 
are laid upon ships, the amount is determined by the capacity 
of the ship, and not by the size or weight. States are prohibited 
from laying duties on ships because this is a means of regulat- 
ing commerce, which power belongs to the national government. 
A State has the right to "tax ships belonging to citizens or 
other persons residing within their borders as other property, 
the tax to be according to their value. " 

Other Federal Rights. — States are not allowed, without 
the consent of the Congress, to keep troops or ships of war in 
time of peace, enter into an agreement with another State or 
foreign State, or engage in war when not in imminent danger, 
because all of these powers by the very nature of our gov- 
ernment belong to the Federal sovereignty. Without these 
prohibitions, one or more States could weaken the Union, 
destroy domestic tranquility, work for the common defense of 
one or more States, ignore the general welfare of the Union, 
and deprive citizens of the blessings of liberty that naturally 
belong to each of them under 1 a republican form of government. 
The troops referred to are the regular standing army and not 
the militia. 



206 LEGISLATIVE PROHIBITIONS AND STATE LIMITATIONS. 

SUGGESTIVE QUESTIONS. 

Give some history of the slave trade in the United States. 

What was said in the Constitution concerning it? 

Until what period did the Constitution recognize the slave trade? 

When was the importation of slaves to this government prohibited? 

About how many slaves were imported to this country? 

Did this government ever impose a tax on imported slaves? 

What amendment of the Constitution of the United States prohibits slavery? 

What is a writ of habeas corpus? When may it be suspended? Who may 
suspend it? 

Has it ever been suspended by this government? 

Can Congress pass a bill of attainder or an ex post facto law? 

Define each. 

What is a capitation tax? 

Has the federal government ever levied a capitation tax? 

Can one State lay a tax or duty on the articles exported from another State? 

Can Congress discriminate between the ports of different States in the as- 
sessment of taxes? 

What is meant by a ship entering and clearing a port? 

Do ships bound from one State to another have to enter and clear? 

How may money be taken out of the treasury of the United States? 

How often is the Secretary of Treasury required to make a report? 

What does this report contain? 

What is a title of nobility? 

Why does the Constitution prohibit our government from granting titles of 
nobility? 

How may a person holding a federal office of profit or trust, accept a present, 
emolument, etc., from a king or a prince of a foreign State? 

Name fifteen constitutional restrictions placed on the States, and tell about 
each. 

What are the inspection laws? 

What is the object of these laws? 

To what does tonnage refer? 

QUESTION FOR DEBATE. 

Resolved, That a capitation tax is unjust and should be abolished in 
every State in the Union. 



CHAPTER XVL 

THE EXECUTIVE DEPARTMENT. 

Art. 2, Sec. 1, Clause 1. — The executive power shall be vested in a 
President of the United States of America. He shall hold his office during 
the term of four years, and, together with the Vice-President, chosen for 
the same term, be elected as follows: 

The Chief Executive. — The government under the Arti- 
cles of Confederation had no chief executive to enforce the 
laws and lead in the shaping of a national policy. The Con- 
stitutional Convention had but little trouble in deciding to 
provide for a strong executive department, but had great 
difficulty in deciding whether the executive should be single 1 
or plural. Some of the greatest statesmen in the Convention 
wanted two or more executives. One President looked too 
much like a king, and this did not suit them, as they 1 had just 
relieved themselves of the despotic rule of a tyrant. The 
Convention, however, finally and wisely declared that the 
executive power shall be vested in a President of the United 
States of America. Time has proved the wisdom of this con- 
clusion. All believe at the present time that the executive 
power should be vested in one man. 

Term of Office. — Some of the great men of the Conven- 
tion were of the opinion that the President should serve during 
good behavior. However, a large majority of the members 
believed that he should serve for seven years and be ineligible 
for a second term. Owing to a former agreement concerning 
the plan of election, a compromise was formed, and his term 
of office was fixed at four years, and he was made eligible for 
a second term. Time and experience have not proved the 
wisdom of this action on the part of the Constitutional Con- 
vention. Many great men believe to-day that the term of office 
should be longer and that the President be made ineligible to 
a second term. Kent says: "The election of a supreme 
executive for a whole nation affects so many interests, ad- 
dresses itself so strongly to public passion, and holds out such 




White House, "Washington, D. C. 



President Harrison in his work on "This Country of Ours," pictures the 
life of the President as follows: "It (the White House) is an office and a 
home combined — an evil combination. There is no break in the day — no 
change of atmosphere. The blacksmith when the allotted hours of work are 
over, banks his fire, lays aside his leather apron, washes his grimy hands 
and goes home. There is only a door— one that is never locked — between 
the President's office and what are not very accurately called his private 
apartments. The mail that comes daily to the Executive Mansion is very 
large; in the early months of an administration it is enormous, as many as 
eight hundred letters being sometimes received in a day. Unless the Presi- 
dent is very early, he will find some callers waiting for him as he passes 
through the Cabinet room to his office. His time is so broken into bits that 
he is often driven to late night work, or to set up a desk in his bedroom, 
w T hen preparing a message or other paper requiring unbroken attention. 
For the first year and a half of an administration the President spends from 
four to six hours of each day talking about things he will not have to act 
upon for months, while the things that ought to be done presently are hurt- 
fully postponed. This is only an outline of a business day and its sur- 
roundings, but it will serve, perhaps, to show that the life of the President 
is a very busy one. What contrariety and monotony! One signature involves 
the peace of the nation, another its financial policy, another the life of a 
man, and the next the payment of ten dollars from the National Treasury." 



THE EXECUTIVE DEPARTMENT. 



2<& 



powerful temptations to ambition, that it necessarily becomes 
a strong trial to public virtue and very hazardous to public 
tranquillity. This is the question that is eventually to test the 
goodness and try the strength of the Constitution." 

Sec. 1, Clause 2. — Each State shall appoint, in such manner as the 
Legislature thereof may direct, a number of electors equal to the whole 
number of Senators and Representatives to which the State may be entitled 
in Congress. But no Senator or Representative, or person holding an 
office of trust or profit under the United States, shall be appointed art 
elector. 

Presidential Electors. — The President and the Vice-Pres- 
ident are selected or voted on by electors selected in the 
different States in such 
manner as the* Legisla- 
tures thereof may direct. 
Each State is entitled to 
as many electors as its 
total number of national 
Representatives and Sen- 
ators. A person hold- 
ing a United States of- 
fice is prohibited from 
being an elector. 

Manner of Choos- 
ing Electors.— The 
manner of choosing elec- 
tors is now about uni- 
form in all the States. 
The method is to choose 
the electors by the popu- 
lar VOte Of the Whole President Grant Taking the Oath of Office in 1873. The 
State. Each political Picture Shows the Faces of many other Eminent Men. 
party USUally nominates "Courtesy of Leslie's Weekly, Copyr^tl905 by Judge Co." 

the full number of electors and then makes every effort to 
carry the vote of the State for its party. Each Congressional 
District usually names one elector for the district and the 
State convention names two to represent the State at Large. 




210 THE EXECUTIVE DEPARTMENT. 

THE ORIGINAL CLAUSE.— Sec. 1, Clause 3.— The electors shall meet 
in their respective States, and vote by ballot for two persons, of whom onef 
at least shall not be an inhabitant of the same State with themselves. And 
they shall make a list of all the persons voted for, and of the number of 
votes for each; which list they shall sign and certify and transmit sealed to 
the seat of the government of the United States, directed to the President of 
the Senate. The President of the Senate shall, in the presence of the 
Senate and House of Representatives, open all the certificates, and the 
votes shall then be counted. The person having the greatest number of 
votes shall be the President, if such number be a majority of the whole 
number of electors appointed; and if there be more than one who have such 
majority and have an equal number of votes, then the House of Representa- 
tives shall immediately choose by ballot one of them for President; and if 
no person have a majority, then from the five highest on the list, the said 
House shall in like manner choose the President. But in choosing the> 
President, the votes shall be taken by States, the representation from each 
State having one vote; a quorum for this purpose shall consist of a member 
or members from two-thirds of the States, and a majority of all the Stated 
shall be necessary to a choice. In every case, after the choice of the* 
President, the person having the greatest number of votes of the electors 
shall be the Vice-President. But if there should remain two or more who 
have equal votes, the Senate shall choose from them by ballot the Vice- 
President. 

We give above the third clause of the original Constitution. 
This clause was abrogated by the Twelfth Amendment, which 
became a part of the Constitution, September 25, 1804. This 
clause is given in order to offer the student an opportunity to 
note the difference between it and the Twelfth Amendment. 
Space will not permit a discussion of the causes that led to the 
adoption of the Twelfth Amendment and the abolition of the 
third clause. 

TWELFTH AMENDMENT.— Art. 12.— The electors shall meet in their 
respective States, and vote by ballot for President and Vice-President, one 
of whom, at least, shall not be an inhabitant of the same State with them- 
selves; they shall name in their ballots the person voted for as President, 
and in distinct ballots the person voted for as Vice-President, and they 
shall make distinct lists of all persons voted for as President, and of all 
persons voted for as Vice-President and of the number of votes for each, 
which lists they shall sign and certify, and transmit sealed to the seat of 
the government of the United States, directed to the President of the Sen- 
ate; the President of the Senate shall, in the presence of the Senate and 



THE EXECUTIVE DEPARTMENT. 211 

House of Representatives, open all the certificates, and the votes shall 
then be counted," the person having the greatest number of votes for Presi- 
dent shall be the President, if such number be a majority of the whole 
number of electors appointed; and if no person have such majority, then 
from the persons having the highest numbers not exceeding three, on the 
list of those voted for as President, the House of Representatives shall 
choose immediately, by ballot, the President. But in choosing the President, 
the votes shall be taken by States, the representation from each State hav- 
ing one vote; a quorum for this purpose shall consist of a member or mem- 
bers from two-thirds of the States, and a majority of all the States shall be 
necessary to a choice. And if the House of Representatives shall not 
choose a President whenever the right of choice shall devolve upon them, 
before the fourth day of March next following, then the Vice-President 
shall act as President, as in the case of the death or other constitutional 
disability of the President. The person having the greatest number of 
votes as Vice-President shall be the Vice-President if such number be a 
majority of the whole number of electors appointed; and if no person have 
a majority, then from the two highest numbers on the list the Senate shall 
chooses the Vice-President; a quorum for the purpose shall consist of two 
thirds of the whole number of Senators, and a majority of the whole number 
shall be necessary to a choice. But no person constitutionally ineligible to 
the office of President shall be eligible to that of Vice-President of the 
United States. 

Sec. 1, Clause 4. — The Congress may determine the time of choosing the 
electors, and the day on which they shall give their votes; which day shall 
be the same throughout the United States. 

THE ELECTORAL COLLEGE.— CONDENSED HELP. 

The apportionment of electors in each State is made on the same 
principles that govern representation in Congress. Under Article 1, Sec. 2, 
Clause 3, of the Constitution, we learned that State representation in the 
House of Representatives was determined by its population. Each State 
has equal representation in the Senate. 

Congress fixes by law, under each census, the number of national repre- 
sentatives. Under the census taken in 1900, Congress has fixed the repre- 
sentation at 386 in the House of Representatives. The President elected 
in November, 1904, was elected by an Electoral College composed of 476 
members, which is equal to the total number of national Representatives 
and Senators under the census of 1900. It takes a majority of the members 
of the Electoral College to elect a President. This will be the membership 
of the Electoral College until a new census is taken, unless other States 
are admitted into the Union. If new States are admitted, they will be 
entitled to representation in the Electoral College. 

We speak of a presidential election as taking place on the first Tues- 
day after the first Monday in November every four years. Strictly speak- 
ing no vote is given for President and Vice-President on that date. We 



212 THE EXECUTIVE DEPARTMENT. 

vote for electors, and not for the President and Vice-President. It is true 
that we vote for electors nominated by the political organization with which 
we affiliate, and we have in mind at the time of casting our ballots the elec- 
tion of the candidate nominated by our organization. The electors nomin- 
ated are pledged to vote for the party's candidate. No elector has ever 
been known to violate his pledge, but they have the power to do so. The 
electors are chosen by the direct popular vote of each State. 

A law was passed September 3, 1887, requiring the chosen electors in 
each State to assemble at the State capitol on the second Monday in Janu- 
ary following the vote for electors and vote for a President and Vice-Presi- 
dent. Three copies of the State vote are made and each sealed. One is sent 
by mail and one by special messenger to the Vice-President of the United 
States. The third copy is filed with the District Judge of the Federal Court 
of the district in which the vote is cast. 

The two branches of our national Congress meet in the House of Rep* 
resentatives the second Wednesday in February following the vote for elec- 
tors, and the sealed vote of the electors from each State is broken by the 
President of the Senate and handed to the tellers appointed to count the 
vote. Candidates receiving the required number of votes are declared to be 
elected President and Vice-President of the United States. Really there is 
no election until this time. Notwithstanding, we know who will be elected 
Immediately after the election held in the different States. 

Under the Twelfth Amendment, the President and Vice-President are 
voted for separately. The person having the greatest number of votes and 
a majority of the votes of the Electoral College shall be President. If no 
one receives a majority of the votes, the House of Representatives is re- 
quired to elect a President from the three persons receiving the largest num- 
ber of votes. In case the election of the President goes to the House of 
Representatives, each State has but one vote. If the Vice-President should 
not be elected by the Electoral College, the Senate elects him from the two 
receiving the highest number of votes. If the House of Representatives 
should fail to elect a President before the 4th of March, then the Vice-Presi- 
dent shall act as President. 

In 1876, the Democratic and Republican parties each claimed the elec- 
tion of their respective electors in Florida, Louisiana, Oregon, and South 
Carolina, and, as a result, double election returns were sent in by these 
States. The election of the President and Vice-President depended upon the 
vote of these States. Consequently, great excitement prevailed, and the 
contest over the disputed returns was intense. Double returns had been 
sent in at previous elections, but this was the first time in the history of 
the country when the election of the President depended upon them. An 
Electoral Commission was appointed by Congress in January, 1877, consist- 
ing of five United States Senators, five members of the House of Represen- 
tatives, and five Associate Judges of the United States Supreme Court. The 
vote of the commission stood seven for Tilden and eight for Hayes, and, 
as a result, Rutherford B. Hayes, the Republican candidate, was declared 
President of the United States. He was elected by a party vote. 

The Hays and Tilden contest of 1876 brought a serious defect in the 
presidential election law to the attention of Congress, and it passed an act 
shortly after the decision of the Electoral Commission requiring each State 
to decide any contest that might arise out of choosing presidential electors. 
In case the electors are not selected at least six days prior to the meeting 



THE EXECUTIVE DEPARTMENT. • 213 

of the electors for the purpose of casting their vote for President, it is re- 
ferred to Congress, and, if Congress fails to decide, the electoral vote of the 
State is not counted. 

The members of the Constitutional Convention made a double election 
necessary in choosing the President in order to secure the greatest men for 
this high office and put them at the head of the government unfettered by 
promises and all outside influences. They desired to remove all selfish and 
personal interest as far from the election of the President as possible. The 
framers of the constitution were wise men, but they failed to forecast the 
organization and the influence of the political parties in the election of the 
President. The Electoral College has now become a machine used by polit- 
ical parties for registering votes and counting results. Mr. Boynton gives 
the following interesting information in his book on "School Civics:" "Some 
of the other consequences resulting from the employment of this method 
of election under the system of party government are more serious. The 
present system of choosing the electors by general ticket over the whole 
State makes the election virtually an election by States. The State 'goes 
Republican,' or it 'goes Democratic,' i. e., it elects with rare exceptions, its 
full complement of electors from a single party, and casts the whole number 
of its electoral votes for the candidate of that party. Now it may happen 
that in one State the plurality of the winning party is very large and more 
than overcomes the small adverse pluralities in a dozen States, while the 
electoral vote of the dozen States is greater than that in the one State giving 
a larger plurality. For example, in the presidential election of 1900, Idaho, 
with three electoral votes, gave Mr. Bryan a plurality of 2,448 votes; Ken- 
tucky, with thirteen votes, gave him a plurality of 7,975; Nevada, with three 
electoral votes, gave him 2,516 or a total plurality in the three States named 
of 12,939; Michigan, with fourteen electoral votes, gave Mr. McKinley a 
plurality of 104,584. Thus Mr. McKinley, with 91,645 more votes than his 
opponent received, would have been defeated in the Electoral College by a 
vote of 19 to 14, if the decision had been left to the four States above 
named. Thus It will be seen that the Electoral College may be the means 
of defeating the clearly expressed wishes of the people. This actually hap- 
pened in 1888 when Mr. Cleveland received a plurality over Mr. Harrison 
of 95,534. This verdict of the individual voters was reversed by the Elec- 
toral College, which gave Mr. Harrison 233 electoral votes as against 168 
for Mr. Cleveland. Moreover, under the present plan the struggle is con- 
centrated in a few doubtful States. To win or lose them means to win or 
lose the election, and this naturally increases the temptation to political 
corruption in those States." 

Sec. 1, Clause 5. — No person except a natural-born citizen, or a citizen 
of the United States at the time of the adoption of this Constitution, shall 
be eligible to the office of President; neither shall any person be eligiole to 
that office who shall not have attained to the age of thirty-five years, and; 
been fourteen years a resident within the United States. 

Qualification of the President.— The president must be 
a natural-born citizen who is at least thirty-five years old and 

has been for fourteen years a resident within the United States. 
A natural-born citizen of this country is one who was born 



214 



THE EXECUTIVE DEPARTMENT. 



within the allegiance of the United States government. Mr. 
Black, in his Constitutional Law, says: "By residence, in the 
Constitution, is to be understood not an absolute inhabitancy 
within the United States during the whole period, but such an 
inhabitancy as includes a permanent domicile in the United 
States. !No one has supposed that temporary absence abroad 
on public business, and especially on an embassy to a foreign 
nation, would interrupt the residence of a citizen so as to dis- 
qualify him for office. If the word were to be construed with 
such strictness, then a 
mere journey through 
any foreign adjacent ter- 
ritory for health or for 
pleasure, or a commor- 
ancy there for a single 
day, would amount to 
a disqualification." One 
exception to this quali- 
fication was made in the 
Constitution. At t h e 
time of the framing of 
the Constitution many 
of the most patriotic 
and influential citizens 
of the nation were not 
natural-born. They had 
served their country 
nobly and were entitled 
to all the honors extend- 
ed to any citizen. The 
makers of the Constitution saw that if they made only natural- 
born citizens eligible, many of these great men would be 
disqualified for the high office. In order to meet this difficulty 
they included in the qualification every citizen of the United 
States "at the time of the adoption of the Constitution." Of 
course, all citizens who lived at the time of the making of the 




Chief Justice Waite Administering the Oath of Office to 

President Garfield in 1881. 

"Courtesy of Leslie's Weekly, Copyright 1905 by 

Judge Co." 



THE EXECUTIVE DEPARTMENT. 215 

Constitution are dead and this provision now has no special 
force. 

Sec. 1, Clause 6. — In case of the removal of the President from office, 
or of his death, resignation, or inability to discharge the powers and duties 
of the said office, the same shall devolve on the Vice-President; and the 
Congress may by law provide for the case of removal, death, resignation or 
inability both of the President and Vice-President declaring what officer, 
shall then act as President, and such officer shall act accordingly, until the 
disability be removed, or a President shall be elected. 

Presidential Vacancy. — In case of the death, removal, 
resignation, or inability of the President to discharge the duties 
of the office of the President of the United States, the Vice- 
President becomes President. In case of the death, removal, 
or inability of the Vice-President, the Constitution provides 
that Congress may by laAV provide for filling the vacant office. 

The Succession Law. — Congress, acting under its consti- 
tutional authority in Clause 6, passed a new presidential 
succession law in January, 1886, which provides that in case 
of removal, death, resignation, or inability of both the Presi- 
dent and Vice-President of the United States:, the Secretary of 
State shall be President. If there be no Secretary of State, or 
in case of his removal, death, resignation, or inability, then 
the Secretary of the Treasury; and the next in order are the 
Secretary of War, Attorney General, Postmaster General, Sec- 
retary of Navy, Secretary of Interior, Secretary of- Agriculture, 
Secretary of Commerce and Labor. 

Sec. 1, Clause 7. — The President shall, at stated times receive for his 
services a compensation, which shall neither be increased nor diminished 
during the period for which he shall have been elected, and he shall not 
receive within that period any other emolument from the United States, or 
any of them. 

Salary of President and Vice-President.— The salary 
of the President and Vice-President can not be increased or 
diminished during their term of office. The President has re- 
ceived fifty thousand dollars annually since 1873. lie received 
twenty-five thousand dollars from Washington's administration 



216 THE EXECUTIVE DEPARTMENT. 

until that date. The President has also the free use of the 
Executive Mansion, which is carefully looked after by compet- 
ent help. During his term of office, the President is not allowed 
to receive any emolument from the United States except his 
salary. He is allowed, however, to accept gifts from private 
individuals. The Vice-President receives eight thousand dollars 
annually. 

Sec. 1, Clause 8. — Before he enter on the execution of his office, he 
shall take the following oath or affirmation: 

"I do solemnly swear (or affirm) that I will faithfully execute the 
office of President of the United States, and will to the best of my ability, 
preserve, protect and defend the Constitution of the United States." 

The Inauguration of the President and Vice-President. 

— The inauguration of the President and Vice-President 
is in the hands of a committee whose duty it is to look \after 
every detail connected with the inauguration. At noon on the 
4th of March, the President-elect is accompanied by the Presi- 
dent of the United States to a platform erected on the east side 
of the national capitol. The oath of office is administered on 
this platform by the Chief Justice of the United States in the 
presence of a multitude of people. "The Bible is used in the 
administration of the oath, and the President kisses the open 
page of the book." The inauguration of the Vice-President 
takes place in the Senate chamber before the inauguration of 
the President. Both make inaugural addresses after the oath 
is administered to them. 

Sec. 2 Clause 1. — The President shall be commander-in-chief of the 
army and navy of the United States, and of the militia of the several States 
when called into the actual service of the United States; he may require the 
opinion, in writing, of the principal officer in each of the executive depart- 
ments, upon any subject relating to the duties of their respective offices; 
and he shall have power to grant reprieves and pardons for offenses against 
the United States, except in cases of impeachment. 

Military Power of the President. — There would be a 
lack of unity in action if the entire military power of the nation 
was not in the hands of one person. The President of the 



THE EXECUTIVE DEPARTMENT. 217 

United States is, under the Constitution, Commander-in-Chief 
of the Army, the Navy, and the Militia of the several States 
when called into actual service of the United States. This 
power naturally belongs to the President, as it is his duty under 
our Constitution to execute the laws, repel invasions, and 
suppress insurrections, and it would not be right to require 
of him a national duty without giving him the national power 
to execute it. The President has the right to take the field in 
person and conduct military operations. However, this is not 
expected; neither is it best for the nation for him to do it. 

Reprieves and Pardons. — The power to reprieve or par- 
don is given to the President in order to guard against any 
unjust infliction of the law. False testimony may enter into 
a trial and lead to an unjust conviction. The nature of the 
testimony may afterward be discovered and a reprieve or par- 
don granted by the President in order to secure justice to the 
accused. A reprieve suspends for a given time the execution 
of a sentence, and a pardon gives the accused a full release 
from the sentence. The President, cannot exercise this power 
in case of impeachment or in any case except when conviction 
was by court. 

The Heads of Executive Departments. — The language 
of the Constitution evidently implies the power of Congress to 
organize Executive Departments, but nowhere in the Constitu- 
tion is it specifically mentioned as a power belonging to 
Congress. This section declares that the President "may re- 
quire the opinion, in writing, of the principal officer in each 
of the executive departments upon any subjects relating to the 
duties of their respective offices." The heads of the depart- 
ments are also referred to in the following clause, and, wit a 
these exceptions, no mention is made of the Executive Depart- 
ments in the Constitution. The Cabinet is composed of all of 
the executive officers. We shall consider the Executive Depart- 
ments under this clause. 

The President's Cabinet.— All the executive duties of 
the nation are transacted by the President and his Cabinet. 
The Chief Executive is held responsible for all executive action. 



218 THE EXECUTIVE DEPARTMENT, 

and it is right for him to enjoy close and confidential relation 
with the officers of his official family. All questions of import- 
ance and of a public nature are presented to him by the officers 
of the different departments before they are acted upon, and 
when questions of national importance are to be discussed, 
this is done in regular meetings where the entire Cabinet is 
present. The Chief Executive can act, if he desires, independent 
of any member of the Cabinet or of the entire Cabinet, as its 
action is merely advisory. All the heads of the executive 
departments are appointed by the President by and with the 
advice and consent of the Senate. 

Congress has by law established the following nine depart- 
ments : 

The Department of State. 

The Department of Treasury. 

The Department of War. 

The Department of Navy. 

The Department of Post Office. 

The Department of Interior. 

The Department of Justice. 

The Department of Agriculture. 

The Department of Commerce and Labor. 

The official titles of the Cabinet members are as follows : 

The Secretary of State. 

The Secretary of Treasury. 

The Secretary of War. 

The Secretary of Navy. 

The Postmaster General. 

The Secretary of Interior. 

The Attorney General. 

The Secretary of Agriculture. 

The Secretary of Commerce. 

"The heads of departments are agents of the President, 
through whom in matters of administration he speaks and 
acts." 



THE EXECUTIVE DEPARTMENT. 219 

Department of State. — The Secretary of State is the 
highest Cabinet officer, and is usually regarded as occupying a 
position next in importance to the President of the United 
States. The entire business of our government with foreign 
governments is transacted through this department. The sec- 
retary prepares State papers, issues proclamations in the name 
of the President, conducts the correspondence with foreign 
nations, has charge of the archives of the government, and is 
responsible for the safe-keeping of the original copies of every 
law, treaty, and official document. He is custodian of the great 
seal of the United States of America. The entire diplomatic 
corps is under his direction. He issues passports to citizens 
who desire to visit foreign governments. He presents the 
ministers of foreign governments to the President of the United 
States. 

The Diplomatic Services. — All representatives of this 
government who are sent abroad are connected with the De- 
partment of State. These representatives are divided into four 
classes, viz. : 

Ambassadors. 

Envoys Extraordinary and Ministers Plenipotentiary. 

Ministers Resident. 

Charge d' Affaires. 

Ambassadors are now sent to Great Britain, Germany, 
Italy, France, and Russia. They are ministers of the highest 
rank. Each of them receives seventeen thousand five hundred 
dollars annually, except the one to Italy, who receives twelve 
thousand dollars. 

Envoys Extraordinary and Ministers Plenipotentiary are 
next in rank, and receive from Hye thousand to twelve thousand 
dollars annually. They are sent to about thirty governments. 

Ministers Resident are inferior in rank to Envoys Extra- 
ordinary and Ministers Plenipotentiary. Their salaries range 
from four thousand dollars to seven thousand live hundred 
dollars annually. 

Charge d' Affaires stand next to Ministers Resident in rank. 
Thev are sent to countries of inferior rank, and receive five 



220 THE EXECUTIVE DEPARTMENT. 

thousand dollars annually. This rank is rarely used now in 
our representations abroad. 

Consuls. — Consuls are the government's financial agents. 
They have many duties to perform. They are located in differ- 
ent parts of the world. President Harrison, in writing about 
the duties of the consul, said: 

"He is the protector and guardian of American commerce; 
provides for destitute American sailors and sends them home; 
takes charge of the effects of American citizens dying in his 
jurisdiction and having no legal representative; receives the 
declarations or protests of our citizens in any matter affecting 
their rights; keeps a record of the arrival and departure of 
American ships and of their cargoes, and looks after vessels 
wrecked." 

The Department of Treasury.— The Secretary of Treas- 
ury is at the head of this department. It was established by 
an Act of Congress in 1789. The plan of its organization was 
worked out and put in operation by Alexander Hamilton. 
•Webster, in speaking of Hamilton's great work and his financial 
ability, said: "He smote the rock of national resources and 
abundant streams of revenue gushed forth. He touched the 
dead corpse of public credit, and it sprang upon its feet." 
National strength and independence depend upon national 
revenue as well as other things. Governments, like individual 
enterprises^ require financial foresight, thought, business man- 
agement> and integrity to properly handle their financial affairs 
and establish a national confidence and credit. "The Treasury 
Department is the steam plant from which all other depart- 
ments get their power," 

Duties of the Secretary. — It is the duty of the Secretary 
of Treasury to prepare plans for the management and collection 
of all revenue and for the maintaining of the public credit ; to 
recommend methods of keeping public accounts and to author- 
ize the issuing and payment of all warrants according. to 
appropriations made by law. It is his duty to make regular 
reports of the financial condition of the government, and to 
make such recommendations to the President as he may deem 



THE EXECUTIVE DEPARTMENT. 221 

proper. It is his duty to keep the President informed concern- 
ing aH questions of importance connected with the Treasury 
Department. As he is a member of the President's Cabinet and 
has under his supervision a part of the work connected with 
the national executive department, it is his duty to give his 
best thought and labors to make the Treasury Department 
reflect honor upon the nation and the administration of the 
President. 

TREASURY DEPARTMENT— CONDENSED HELP. 

In addition to a Secretary of the Treasury, a comptroller, auditor, treas- 
urer, register, and an assistant secretary were provided for in the original 
act that organized the department. The same plan is still in use, except 
we now have three assistant secretaries and six auditors. Other officers 
and bureaus have been provided for since the first organization of the de- 
partment. Some of them are, — a comptroller of currency, commissioner of 
internal revenue, the mint, bureau of engraving and printing, commissioner 
of revenue, marine hospital service, etc. 

The comptroller is the head supervising officer of the accounts. He> 
countersigns all warrants given for the disbursement of money. 

The six auditors examine and pass upon every account of the govern- 
ment. They are distributed among different departments. 

The treasurer of the United States has charge of the money of the gov- 
ernment and pays it out as is required by law. He is not only responsible 
for the money deposited in his vaults at Washington, but for the entire 
amount at all authorized depositories; 

The register signs all stocks and bonds of the United States. He signs 
the transfers of money from the treasury to any depository. "He secures, 
arranges, and registers United States notes, treasury notes, gold and silver 
certificates, interest coupons, and other securities redeemed or destroyed 
and also all condemned customs, internal revenue and postage stamps." 

The assistant secretaries are assigned general supervision of the work 
of specified bureaus and divisions. One of them may be used to perform 
certain duties that fall on the Secretary of Treasury and to act as secretary 
in case of his absence. 

The comptroller of the currency has the supervision of the national 
banking system. It is his duty to see that the laws that govern them are 
executed. He issues certificates authorizing the organization of a national 
bank. He has under his control bank examiners who examine the condition, 
of national banks and report to him. Every national bank is required to 
make regular reports showing the condition of the business, and these re- 
ports are made to the comptroller. In case of failure of a bank, he may 
take charge by an agent or a receiver, and make proper settlement of its 
business. 

A commissioner of internal revenue is at the head of the internal revenue 
bureau, and manages the collection of internal taxes. 



222 THE EXECUTIVE DEPARTMENT. 

The bureau of the mint is a part of the treasury department, and is 
presided over by the director of the mint. The director has under his su- 
pervision all the mint and assay offices. He has entire charge of the coin- 
age of money. This department, like others, is under the direction of the 
Secretary of Treasury. 

The bureau of engraving and printing belongs to the treasury depart- 
ment. This bureau makes all the plates, and prints paper money, including 
bank notes, United States bonds, postage stamps, etc. The greatest care, 
skill, and accuracy is exercised in this division of the treasury department. 

The treasury department also has charge of the custom houses through- 
out the country, and when new ones are built supervises the same. 

The solicitor of the treasury is an attorney whose duty it is to look 
after the legal business of the treasury department. He prosecutes per- 
sons who violate the revenue and other laws affecting the treasury de- 
partment. 

Department of War. — The War Department was organ- 
ized August 7, 1789. The Secretary of War is at the head of 
this department. Congress provided for an assistant secretary 
in 1890. The law defining the secretary's duty reads: "The 
Secretary of War shall perform such duties as shall from time 
to time be enjoined on or intrusted to him by the President 
relative to military commissions, the military forces, the war- 
like stores of the United States, or to other matters respecting 
military affairs; and he shall conduct the business of the 
department in such manner as the President shall direct." The 
Secretary of War is a member of the Cabinet, and represents 
the President in the capacity of Commander-in-Chief of the 
army. 

The War Department has various subdivisions and officers 
as follows: 

Headquarters of the Army. 

Office of the Adjutant General. 

Office of the Inspector General. 

Office of the Judge-Advocate General. 

Office of the Quartermaster General. 

Office of the Commissioner General of Subsistence. 

Office of the Paymaster General. 

Office of the Surgeon General. 

Office of the Chief of Engineers. 

The Ordnance Office. 



THE EXECUTIVE DEPARTMENT. 223 

The Signal Office. 

The Eecord and Pension Office. 

The nature of work done in each division can be determined 
by the title of each office. Space in this book will not permit 
a description of each. 

The Military Academy. — The Military Academy, located 
at West Point, New York, is under the supervision of the War 
Department. It was established by the government in 1802. 
It is the purpose of this school to educate officers for the army. 
"The corps of cadets in the Military Academy is composed of 
one from each Congressional District, one from each territory, 
one from the District of Columbia, and ten from the United 
States at large, and all save these ten must be residents of 
the districts or territories from which they purport to be 
appointed." All are appointed by the President of the United 
States. However, following a custom, the President now ap- 
points the one recommended by the Congressman and delegate 
from each district and territory. Each cadet must be not less 
than seventeen nor more than twenty -two years old. The entire 
expense of the academy is met by the government. Each cadet 
is allowed $540 annually. 

The Department of the Navy.— The Navy Department 
was established by an Act of Congress in April, 1789. The 
Secretary of the Navy is at the head of this department and 
is a member of the President's Cabinet. The law says : "The 
Secretary of the Navy shall execute such orders as he shall 
receive from the President relative to the procurement of naval 
stores and materials, and the construction, armament, equip- 
ment, and employment of vessels of war, as well as all other 
matters connected with the naval establishment." 

Bureaus. — The Naval Department has many bureaus with 
naval officers at their heads. Their officers are appointed by 
the President and confirmed by the Senate. The bureaus are 
as follows: 

Bureau of Yards and Docks. 

Bureau of Equipment and Recruiting. 



224 THE EXECUTIVE DEPARTMENT. 

Bureau of Construction and Repairs. 

Bureau of Navigation. 

Bureau of Supplies and Accounts. 

Bureau of Steam Engineering. 

Bureau of Medicine and Surgery. 

The name of these bureaus explains, in the main, the nature 
of the work done by each of them. 

The Naval Academy. — The Naval Academy at Annap- 
olis is under the supervision of the Secretary of the Navy. The 
government pays for maintaining this school for the training 
of naval officers. It sustains the same relation to the navy 
that the Military Academy does to the army, The same number 
of cadets are allowed, and they are appointed in the same way 
as at West Point. 

The Post-Office Department.— The Post-office Depart- 
ment was established in 1789, but the Postmaster General was 
not made a member of the Cabinet until 1829. The Postmaster 
General has the general superintendency of all matters con- 
nected with the carrying of mails and the establishment and 
management of post-offices. He has the power to appoint post 
masters whose salaries are less than $ 1,000. The President 
appoints those who receive $1,000 or more. The Postmaster 
General is ably assisted in the management and execution of 
the heavy duties of this department by the first, second, third, 
and fourth assistant postmasters general and by many officers, 
superintendents, and clerks. Mailable matter is divided into 
four classes. The first class consists of letters and everything 
that is sealed. 

The Department of Interior. — This department was 
established in March, 1849. The Secretary of the Interior is 
a member of the President's Cabinet, and the chief officer of the 
Interior Department. An assistant secretary and many sub- 
ordinate officers and clerks work in this department, but all 
are under the general supervision of the secretary. The law 
says: The Secretary of the Interior is charged with the 
supervision of public business relating to the following sub- 
jects : 



THE EXECUTIVE DEPARTMENT. 225 

1. The public lands, including mines. 

2. The Indians. 

3. Pensions and bounty lands. 

4. Patents for inventors. 

5. The custody and distribution of publications. 

6. Education. 

7. Government Hospital for the Indians. 

8. Columbia Asylum for the Deaf and Dumb. 

There are various bureaus and departments connected with 
this department. 

The Department of Justice. — The Attorney General is 
a member of the President's Cabinet, and is at the head of the 
Department of Justice. He is the chief law officer of the 
government, and, when needed, acts as legal adviser for all the 
departments. He renders written opinions concerning points 
of law when requested by the President. He is the attorney 
for the United States in all the cases it may have in the Supreme 
Court. He makes an annual report of the work of the depart- 
ment to Congress. It is his duty to examine the title of all 
lands the government proposes to buy for sites of public build- 
ings, arsenals, dock-yards, and post-offices. The United States 
district attorneys and marshals are under his supervision. 

The Attorney General is assisted by a solicitor and assist- 
ant solicitor of the Treasury. A solicitor of internal revenue, 
a solicitor for the State Department, together with other de- 
partments and many clerks, belong to the Department of 
Justice. 

The Department of Agriculture. — This department was 
permanently organized and its head secretary made a Cabinet 
officer in 1889. There was prior to this time a "Department of 
Agriculture," which was one of the bureaus of the Department 
of the Interior. This department offers the people an oppor- 
tunity to secure useful knowledge concerning agriculture and 
agricultural products. It has charge of the agricultural col- 
leges that are supported by the proceeds of public lands which 
were granted by Congress in 1862. It distributes seeds of many 
varieties among the farmers and conducts experiment stations 



226 THE EXECUTIVE DEPARTMENT. 

and farms in every part of the country. It also has under its 
supervision the forestry interests, the Weather Bureau, and, 
in fact, a large number of divisions devoted to agricultural 
science. The Secretary of Agriculture is at the head of this 
department. 

The Department of Commerce and Labor.— This de- 
partment was established, as all other departments of the 
Cabinet, by an Act of Congress. The Secretary of Commerce 
and Labor is also a member of the President's Cabinet. Presi- 
dent Koosevelt appointed George B. Cortelyou as its first 
secretary, February 16, 1903. The nomination of Mr. Cortelyou 
by the President for this position was confirmed the same day 
the nomination was made. The purpose of the department is 
set forth in the following extract from the United States 
Statutes : 

"It shall be the province and duty of said department to 
foster, promote, and develop the foreign and domestic commerce, 
the mining, manufacturing, shipping, and fishery industries, 
the labor interests, and the transportation facilities of the 
United States; and to this end it shall be vested with jurisdic- 
tion and control of the departments, bureaus, offices, and 
branches of the public service hereinafter specified, and with 
such other powens and duties as may be prescribed by law." 

The Bureaus and Divisions of the Department of Com- 
merce and Labor. — Many of the bureaus and divisions of the 
government's work which were, prior to the establishment of 
the Department of Commerce and Labor, connected with other 
departments were by law transferred to the Department of 
Commerce and Labor. The following extract from the law that 
created the department sets forth the work for this department *. 

"The following named offices, bureaus, divisions, and 
"branches of the public service, now and heretofore under the 
jurisdiction of the Department of the Treasury, and all that 
pertains to the same, known as the Light-house Board, the 
Light-house Establishment, the Steamboat Inspection Service, 
the Bureau of Navigation, the United States Shipping Com- 
missioners, the National Bureau of Standards, the Coast and 



THE EXECUTIVE DEPARTMENT. 227 

Geodetic Survey, the Commissioner-General of Immigration, 
the Commissioners of Immigration Service at Large, and the 
Bureau of Statistics, be, and the same hereby are, transferred 
from the Department of the Treasury to the Department of Com- 
merce and Labor, and the same shall hereafter remain under the 
jurisdiction and supervision of the last-named department; and 
that the Census Office, and all that pertains to the same, be, 
and the same hereby is, transferred from the Department of 
the Interior to the Department of Commerce and Labor, to 
remain henceforth under the jurisdiction of the latter; that 
the Department of Labor, the Fish Commission, and the Office 
of Commissioner of Fish and Fisheries, and all that pertains 
to the same, be, and the same hereby are, placed under the 
jurisdiction and made a part of the Department of Commerce 
and Labor; that the Bureau of Foreign Commerce,- now in th& 
Department of State, be, and the same hereby is, transferred 
to the Department of Commerce and Labor and consolidated 
with and made a part of the Bureau of Statistics, hereinbefore 
transferred to the Department of Commerce and Labor, and 
the two shall constitute one bureau, to be caM'ed the Bureau of 
Statistics, with a chief of the bureau; and that the Secretary 
of Commerce and Labor is hereby given the power and author- 
ity to rearrange the statistical work of any of the statistical 
bureaus and offices transferred to said department; and said 
secretary shall also have authority to call upon other depart* 
ments of the government for statistical data and results 
obtained by them; and said Secretary of Commerce and Labor 
may collate, arrange, and publish such statistical information 
so obtained in such manner as to him may seem wise." 

In addition to the bureaus and divisions named above, the 
law also established a Bureau of Manufactures and a Bureau 
of Corporations. 

Sec. 2, Clause 2. — He shall have power, by and with the advice an con- 
sent of the Senate, to make treaties, provided two-thirds of the Senators 
present concur; and he shall nominate and, by and with the advice and 
consent of the Senate, shall appoint ambassadors, other public ministers 
and consuls, judges of the Supreme Court, and all other officers of the 



228 THE EXECUTIVE DEPARTMENT. 

United States, whose appointments are not herein otherwise provided for, 
and which shall be established by law; but Congress may, by law, vest the 
appointment of such inferior officers as they think proper, in the President 
alone, in the courts of law, or in the heads of departments. 

Treaties. — A treaty is a solemn agreement between two 
nations. The President with the "advice and consent" of the 
Senate shall have the power to make treaties, provided two- 
thirds of the Senators present concur. Black's Constitutional 
Law says: "This power embraces the making of treaties of 
every sort and condition; for peace or war; for commerce or 
territory; for alliance or success; for indemnity; for injuries 
or payment of debts; for the recognition and enforcement of 
principles of public law; for the regulation of immigration and 
the rights of aliens; for rules of navigation; for arbitrations; 
and, in short, for all the varied purposes which the policy or 
interests of independent sovereigns may dictate in their inter- 
course with each other." 

Terms of a Treaty. — The terms of a treaty are usually 
first negotiated by members or ambassadors appointed by the 
countries interested. After an agreement is reached, the Pres- 
ident turns the matter over to the Senate, which considers it 
in an executive session with closed doors. When the treaty 
requires the appropriation of money, the House of representa- 
tives is generally consulted. It is doubted by some whether a 
treaty requiring the appropriation of money could be enforced 
without the consent of the House. Chancellor Kent, in speak- 
ing of this point, says : "If a treaty be the law of the land, it 
is as much obligatory upon Congress as upon any other branch 
of government or upon the people at large, so long as it con- 
tinues in force and unrepealed." Congress has been consulted 
by the President in each of the great purchases of territory. 

Nominations to Office. — Ambassadors, public ministers, 
consuls, federal judges, and other officers of the United States 
are nominated in writing by the President. The Senate has 
no right to make the nomination, but it can confirm or reject 
the nomination made by the President, If the. nomination of 
the President is rejected, he has the right to make another. 



THE EXECUTIVE DEPARTMENT. 229 

The advantage of this method of appointment is set forth by 
Mr. Hamilton in the following words: "The blame of a bad 
nomination would fall upon the President singly and abso- 
lutely. The censure of rejecting a good one would be entirely 
at the door of the Senate; aggravated by the consideration of 
their having counteracted the good intentions of the Executive. 
If an ill appointment should be made, the Executive for nomi- 
nating, and the Senate for approving would participate, though 
in different degrees, in the opprobrium and disgrace." 

Other Officers. — We have seen that under the Constitu- 
tion, ambassadors, public ministers, judges of the Supreme 
Court must be nominated by the President and confirmed by 
the Senate. Congress, however, is given the power to enact 
laws to regulate the appointment of "inferior officers." Various 
provisions and methods for the appointment of Federal officers 
not named in the Constitution have been made by Congress. 
If the filling of any Federal office, however small, should not be 
provided for by Congress, it would be the duty of the President 
and the Senate to make an appointment. Cabinet officers are 
not inferior officers, and are appointed by the President and 
Senate. 

Removal from Office. — The President has the power to 
suspend an officer and make a temporary appointment while the 
Senate is not in session. When the Senate meets, he may make 
a new nomination, but if the Senate refuses to confirm the new 
nomination and ratifies its former confirmation, the suspended 
officer will continue in office. The President may repeat his 
act in suspending the officer, but he has no power to remove 
him without the consent of the Senate. 

Sec. 2, Clause 3. — The President shall have power to fill up all vacancies 
that may happen during the recess of the Senate, by granting commissions 
which shall expire at the end of their next session. 

Vacancies may occur when the Senate is not in session, and 
the President under these circumstances has a right to issue 
commissions filling the vacancies until the end of the next 
session of the Senate. 



230 THE EXECUTIVE DEPARTMENT. 

Sec. 3, Clause 1. — He shall from time to time give to the Congress in- 
formation of the state of the Union, and recommend to their consideration 
such measures as he shall judge necessary and expedient. He may, on 
extraordinary occasions, convene both Houses, or either of them; and in 
case of disagreement between them, with respect to the time of adjourn- 
ment, he may adjourn them to such time as he shall think proper. He shall 
receive ambassadors and other public ministers. He shall take care that 
the laws be faithfully executed; and shall commission all the officers of the 
United States. 

The President's Message. — It is customary for the Pres- 
ident at the beginning of each session to send a message to 
Congress containing a condensed report of the executive depart- 
ments and general "information of the state of the Union." It 
is also his duty in submitting his message to Congress to 
recommend such legislation as he deems advisable and expedi- 
ent and of general interest to the nation. When a special 
session of Congress is called, he sets forth in his message 
addressed to this session reasons for a-ssembling Congress and 
makes such recommendation as he may deem proper. He has 
no power to call an extra session except "on extraordinary 
occasions." 

Adjournment of Congress. — In case the Senate and House 
of Kepresentatives fail to fix a time for adjournment, the 
President may adjourn Congress to such a time as he deems 
proper. 

Reception of Ministers. — Ambassadors and other public 
ministers present their credentials to the Secretary of State, 
who goes with them to the White House and presents them to 
the President. Reception of a foreign minister is a recogni- 
tion of the country from which he comes as "belonging to the 
commonwealth of nations." A refusal to recognize a minister 
of an independent sovereign nation would be considered an 
insult and would lead to strained and dangerous international 
relations. 

Execution of the Laws. — It matters not whether the 
President believes a law is just or unjust, it is his duty to 
enforce it. The execution of the laws is, no doubt, the highest 
and most important duty imposed upon the Chief Executive. 



THE EXECUTIVE DEPARTMENT. 231 

Sec. 4. — The President, Vice-President, and lal civil officers of the 
United States shall be removed from office on impeachment for, and con- 
viction of, treason, bribery, or other high crimes and misdemeanors. 

Civil Officers. — Members of Congress and military and 
naval officers are not regarded as civil officers, and therefore 
can not be impeached. The Constitution does not define civil 
officers, but makes it plain that they may be impeached for 
'high crimes and misdemeanors" and leaves it with the Senate 
to define "high crimes and misdemeanors." 



SUGGESTIVE QUESTIONS. 

Who is the chief executive of the United States? 

What did President Harrison say relative to the home life of the President 

at the White House? 
Was there a Chief Executive under the Articles of Confederation? 
What position did the Constitutional Convention take relative to a single 

or plural executive? 
What was the position of the Constitutional Convention relative to the 

President's term of office and eligibility to a second term? 
How long does the President of the United States hold office? 
Can he be re-elected? How many times may he be elected? 
By whom are the President and Vice President elected? 
How are the electors who vote directly for the President and the Vice-Presi 

dent chosen? 
Explain fully the Electoral College, and give the consecutive steps in the 

election of a President. 
How many electors were there in the last Electoral College? 
How many electors in each State? 
Give the composition and explain the work of the Presidential Electoral 

Commission which declared Rutherford B. Hayes President. 
What change was made in the law after Hayes was declared President? 
What is the qualification of the President? 

Who becomes President in case of the death of the Chief Executive? 
In what ways may a vacancy occur in the Executive chair? 
Give the succession law. 
What is the present salary of the President? 
What was the salary prior to the year 1873? 
Is the President charged for the use of the executive mansion? 
What is the salary of the Vice President? 
Give the oath that is taken by the Chief Executive. 
Tell about the inauguration of the President and the Vice President. 
Who administers the oath? 
How is the oath administered? 
Who is the Commander-in-Chief of the army and navy? 



232 THE EXECUTIVE DEPARTMENT. 

Has the President a right to take the field in person and conduct military 
operations? 

Has this ever been done? 

What is a reprieve? A pardon? 

When can the President exercise the power to reprieve and pardon? 

Give the constitutional language that is authority for the organization of 
the President's Cabinet. 

Of what does the President's Cabinet consist? 

How many executive departments have been established? Name them. 

Name the heads of each department. 

Give the relation existing between the heads of each department and the 
President. 

How are the heads of each department chosen? 

What is the object of the Department of State? 

What are the duties of the Secretary of State? 

Into how many classes is the diplomatic service divided? 

Tell about each class. 

What are the duties of consuls? 

Why was the Department of Treasury organized? 

What did Webster say relative to Hamilton's work in organizing this de- 
partment? 

Give the duties of the Secretary of Treasury. 

Name a few of the leading bureaus and officers of the Treasury Department, 
and tell about their work and duties. 

When was the Department of War organized? 

Who is at the head of this department? What are his duties? 

Name twelve subdivisions and officers of this department. 

Where is the United States Military Academy located? 

Why was it established? How are cadets selected? 

Give the requirements of a cadet entering West Point? 

What is the annual allowance to each cadet? 

When was the Navy Department organized? What is the object of this 
department? 

What are the duties of the Secretary of Navy? 

Name a few of the bureaus in the Naval Department. 

Where is the Naval Academy located? 

What is the object of this academy? 

How many cadets are allowed, and what are their requirements? 

When was the Post-Office Department established? 

When was it made a member of the President's Cabinet? 

Who is at the head of the Post-Office Department? 

What are the duties of the Postmaster General? 

How and by whom are the different postmasters appointed? 

Into how many classes is mailable matter divided? 

When was the Department of Interior established? 

Mention some of the work done by this department. 

What are the duties of the Secretary of Interior? 

Who is at the head of the Department of Justice? 

What is the nature of the work done in this department? 

What are the duties of the Attorney General? 

When was the Department of Agriculture established? 

What is the general nature of the work done by this department? 

What are the duties of the Secretary? 

When was the Department of Commerce and Labor established? 

What was the object in organizing this department? 



THE EXECUTIVE DEPARTMENT. 233 

Name some of the work entrusted to the Department of Commerce and 
Labor. 

Name a few of the leading bureaus in this department. 

What is a treaty? Who has the power to make a treaty? 

How are ambassadors, public ministers, consuls, judges, etc., chosen? 

What did Mr. Hamilton say relative to the responsibility of the President in 
making the nominations? 

What has Congress done in providing for the appointment of inferior of- 
ficers? 

What would be the result if the Senate should refuse to confirm a nomina- 
tion made by the President? 

Has the President a right to fill a vacancy that occurs when the Senate is 
not in session? 

What is the object of the President's message? 

What does it usually contain? 

What is the custom of the Houses on receiving the President's message? 

Has the President the power to call an extra session of Congress? 

What does his message to the extra session contain? 

When has the President the power to adjourn Congress? 

What are the duties of the President in receiving ambassadors, public min- 
isters, etc.? 

How are ambassadors and public ministers presented to the President? 

What would be the result if he should refuse to recognize them? 

Whose duty is it to enforce the law? 

Is it his duty to enforce a bad law? 

How may the President and Vice-President be removed from office? 

Who are civil officers and how may they be removed from office? 



QUESTION FOR DEBATE. 

Resolved, That the Constitution of the United States should be amended 
so that the President could be elected for a term of seven years by the popu- 
lar vote, and made ineligible for the second term. 



CHAPTER XVII. 

THE JUDICIAL DEPARTMENT. 

Art. 3, Sec. 1. — The judicial power of the United States shall be vested 
in one Supreme Court, and in such inferior courts as the Congress may from 
time to time ordain and establish. The judges, both of the supreme and in- 
ferior courts, shall hold their offices during good behavior, and shall, at 
stated times, receive for their services a compensation, which shall not be 
diminished during their continuance in office. 

Nature of the Judiciary. — It is easy to belittle the dig- 
nity, importance, and independence of the national judiciary 
and offer various and dangerous methods of reconstructing it, 
because the Supreme Court or some other federal court happens 
to construe the law to mean something not in accord with our 
individual views. The very* fact that men differ in construing 
the meaning of the law makes a national interpreting power 
of Federal jurisdiction an essential and natural part of the 
organic law of our land. The principle that made government 
a necessity and justifies the national Constitution, is the same 
principle upon which the national judicial system is built. 
Webster, in speaking of the national judiciary, said: "The 
Constitution without it would be no Constitution, the govern- 
ment no government." It is a known fact that the greatest 
men in American history have been strong and patriotic 
advocates of the national judiciary. General Washington 
wrote Mr. James Wilson as follows : "Considering the judicial 
system as the chief pillar upon which our government must 
rest, I have thought it my duty to nominate for the high offices 
in that department such men as I' conceive would give dignity 
and luster to the national character/' Jefferson said: "The 
dignity and stability of government in all its branches, the 
morals of the people, and every blessing of society depend so 
much upon an upright and skillful administration of justice, 
that the judicial power ought to be distinct from both the 
legislative and executive, and independent of both, so that 




THE SUPREME COURT 




THE UNITED STATES 



Copyright by The Boston Book t\ 



THE JUDICIAL DEPARTMENT. 239 

it may be a check upon both, as both should be checks upon 
that." 

Necessity of a Judiciary. — It would be useless to make 
laws unless there were a judiciary to interpret and apply them. 
Without a national judiciary every State would make its own 
interpretation and application of the Federal laws, and this 
condition would necessarily lead to serious misunderstandings 
and great wrongs. Without this department of our govern- 
ment, we would not have an uniform interpretation, unbiased 
by a selfish reason to obey or ignore the law. Justice rests 
largely upon the integrity of the Federal judiciary. 

Federal Courts. — The Constitution established the Su- 
preme Court and gave Congress the power to create ''inferior 
courts." We give below the principal Federal courts that have 
been organized by Congress : 

The Supreme Court. 

The Circuit Court of Appeals. 

The Circuit Court. 

The District Court. 

The Court of Claims. 

The Court of the District of Columbia. 

The Territorial Courts. 

The Supreme Court. — The Supreme Court was provided 
for in the Constitution, and is the highest judicial tribunal in 
the United States. It was organized by Congress September 
24, 1789. It consists of one chief justice and eight associate 
justices. It holds an annual session beginning on the second 
Monday in October, and continues until about the first of May. 
Its daily sessions, as a rule, begin at twelve o'clock and last 
four or five hours. It takes six justices to decide a question. 
During the daily sessions of the Supreme Court, the judges 
occupy chairs located on a raised platform back of long desks. 
This platform is located in front of the main entrance to the 
Supreme Court Chamber. The judges wear during the daily 
sessions full gowns of black silk. Great dignity and power 
characterize the work of the court. The judges are men of ripe 
scholarship, great legal attainment, and sterling character. 



240 THE JUDICIAL DEPARTMENT. 

The Circuit Court of Appeals. — Owing to the crowded 
docket of the Supreme Court, Congress in 1891 organized the 
Circuit Court of Appeals and made its decisions final. There 
are nine Circuit Courts of Appeals held in the nine circuits. 
The Supreme Court Justice assigned to the circuit and two 
Circuit Court judges hold this court. In case a Circuit Court 
judge can not be present, a District judge of the circuit may 
take his place. The court holds one term annually, and this 
term is usually held in the late spring or during the summer 
while the Supreme Court is not in session. 

The Circuit Court. — The United States is divided into 
nine circuits corresponding to the nine judges of the Supreme 
Court. Each division has two or more circuit judges, and, in 
addition to this, each judge of the Supreme Court is assigned 
to a circuit. The Circuit Court may be held by the Supreme 
Court judge, Circuit judge, or the District judge of the district 
where the court is held, or by any two of them sitting together. 

The District Court. — This court was organized Septem- 
ber 24, 1789. The circuit was divided into Judicial Districts. 
There are at this time ( 1905 ) eighty-five districts. This number 
may be changed from time to time. The whole State is fre« 
quently included in a district, while in other cases a State may 
be divided into two or more districts. A court is held in each 
district. A district judge, attorney, and marshal for each 
division are nominated by the President and confirmed by the 
Senate. The marshal is the executive officer of the district and 
has similar duties to the sheriff of the county. The District 
Attorney prosecutes for the District Court, and his duties are 
similar to the county attorney. 

The Court of Claims. — The Court of Claims was estab- 
lished in 1855. Prior to that time any citizen having a claim 
against the government had to petition Congress in order to 
secure the payment of it. The Court of Claims consists of one 
chief justice and four associate justices. It is the duty of this 
court to hear and investigate all claims against the govern- 
ment and make special recommendations to Congress. The 



THE JUDICIAL DEPARTMENT. 241 

decisions of the Court of Claims are carried into effect by a bill 
introduced and passed by Congress. Congress usually does 
what the Court of Claims recommends. However, there is 
nothing compelling it to do so. 

The Court of the District of Columbia.— This court 
consists of one chief justice and four associate justices. It 
tries civil and criminal cases of the District of Columbia. 

The Territorial Courts. — The justices of the Territorial 
Courts hold office for a term of four years. This court is 
similar to the Supreme Courts of States. It has jurisdiction 
over cases arising out of the laws of Congress and the laws 
passed by the territorial Legislatures. Appeals may be taken 
from the Territorial Courts to tjie Supreme Court. 

Hold Office During Good Behavior.— The judges of the 
Supreme, Circuit, and District Courts and judges of the Court 
of Claims and the Court of the District of Columbia all hold 
office during good behavior. No one of them can be removed 
except by conviction on impeachment. This system takes the 
judiciary out of politics and gives independence to the judges. 
If judges were elected to office they might court popular favor 
and be influenced in rendering their decisions by improper 
motives. The framers of the Constitution showed great wisdom 
in making the appointment of Federal judges to office during 
good behavior. 

Change of Salary. — The salary of a Federal judge may 
be increased, but can not be diminished after he has been 
appointed to office. If Congress could diminish the salary, the 
judges would be dependent upon that body, and the central 
idea of making the judiciary independent would be destroyed. 
"The Federalist," in speaking of this question, said: "In the 
general course of human nature a power over the means of 
subsistence amounts to a power over the will." 

Appointment of Federal Judges.— The judges of the 
Supreme, Circuit, and District Courts, as well as the judges 
of the Court of Claims, Court of the District of Columbia, and 
Territorial Courts, are nominated by the President and con- 
firmed bv the Senate. 



242 THE JUDICIAL DEPARTMENT. 

Salaries. — The Chief Justice of the Supreme Court receives 
annually $13,000. Associate Justices receive $12,500; Circuit 
Judges, $7,000; District Judges, $6,000; Chief Justice of the 
Court of Claims, $6,500 ; and the Associate Judges of the Court 
of Claims, $6,000. 

After a Federal judge reaches the age of seventy, he may, if 
he has served ten years, retire and continue to draw the same 
salary he received while in office. 

Sec. 2, Clause 1. — The judicial power shall extend to all cases, in law 
and equity, arising under this Constitution, the laws of the United States 
and treaties made, or which shall be made, under their authority; to all 
cases affecting ambassadors, other public ministers and consuls; to all 
cases of admiralty and maritime jurisdiction; to controversies to which the 
United States shall be a party; to controversies between two or more States; 
between a State and citizens of another State; between citizens of different 
States; between citizens of the same State claiming lands under grants of 
different States; and between a State or the citizens thereof, and foreigm 
States, citizens or subjects. 

Cases. — The Constitution names in a specific way the 
nature of the cases that must be tried before the Federal Courts. 
This makes certain a uniform interpretation of the law gov- 
erning each case. Under the Constitution, a case "is a subject 
on which the judicial power is -capable of acting and which 
has been submitted to it in a manner required by law." Courts 
can do nothing until cases are regularly brought before them, 
and when this is done, it is their duty to interpret and apply 
the law governing each case and decide the controverted 
question according to law. "The judges declare the law; they 
do not make it. The judicial power has no will in any case," 

Law and Equity, — Cases in law and equity include both 
civil and criminal proceedings arising under the Constitution, 
laws, or treaties of the United States. Mr. Hamilton says: 
"It is the peculiar province, for instance, of a court of equity 
to relieve against what are called hard bargains. These are 
contracts, in which, though there may have been no direct fraud 
or deceit sufficient to invalidate them in a court of law, jet 
there may have been some undue and unconscionable advantage 
taken of the necessities or misfortunes of one of the parties, 



THE JUDICIAL DEPARTMENT. 243 

which a court of equity would not tolerate. In 'such cases, 
where foreigners were concerned on either side, it would be 
impossible for the Federal judicatories to do justice without an 
equitable, as well as a legal, jurisdiction. Agreements to 
convey lands claimed under the grants of different States may 
afford another example of the necessity of an equitable juris- 
diction in the Federal Courts." 

Cases Arising Under the Constitution, National Laws 
and Treaties. — Federal judicial power is extended to all cases 
arising out of the Constitution, the laws of the United States, 
and treaties made, or which shall be made. A citizen who is 
denied his constitutional rights and privileges guaranteed to 
him by the supreme law may seek redress through the Federal 
Courts. A citizen who violates Federal laws is tried before 
Federal Courts. Any case originating out of an infraction of 
the terms of a treaty must be tried by a national court. 

Cases Affecting Ambassadors, Ministers and Consuls. 
— The United States government is under obligation to pro- 
tect ambassadors, public ministers, and consuls. It is the duty 
of the United States to see that the public agents from foreign 
countries enjoy all the rights accorded them under the Law 
of Nations. This being the duty of the national government, it 
naturally and properly follows that all "cases affecting them 
ought to be cognizable only by national authority." 

Cases of Admiralty and Maritime Jurisdiction.— "The 
judicial power extends to all cases of admiralty and maritime 
jurisdiction; because, as the seas are the joint property of 
nations, whose rights and privileges relative thereto are regu- 
lated by the laws of nations and treaties., such cases necessarily 
belong to national jurisdiction." 

Cases of admiralty and maritime jurisdiction are usually 
those involving contracts relating to or to be performed on 
the high seas or navigable waters of the United States, and 
torts or wrongful injuries thereon. 

Controversies with the United States.— No state court 
has the power to measure out the justice due all of the people 






244 THE JUDICIAL DEPARTMENT. 

of the United States. This is a natural right that belongs to 
the Federal Courts, When the government, is a party to a 
controversy, the people are a party, and a court that represents 
the people has jurisdiction. No sovereignty would permit itself 
to be dragged before the courts of another sovereignty. This 
principle was involved in the Tenth Amendment. 

Controversies Between Two or More States.— No State 
has rights higher than that extended to it under the Federal 
Constitution. This renders each State equal in the enjoyment 
of the highest sovereign privileges. If a case arises between 
States, its natural jurisdiction is in a Federal Court. Chief 
Justice Jay says : "The judicial power extends to controversies 
between two or more States; because domestic tranquility 
requires that the contentions of States should be peacefully 
terminated by a common judicatory, and because in a free 
country justice ought not to depend on the will of either of the 
litigants." 

The Eleventh Amendment. — That part of the Constitu- 
tion which says the judicial power shall extend to all cases 
arising between a State and the citizens of another State and 
between a State or the citizens thereof and foreign States, 
citizens, or subjects has been altered by the Eleventh Amend- 
ment of the Constitution of the United States. The Eleventh 
Amendment is as follows : 

Eleventh Amendment. — The judicial power of the United States shall 
not be construed to extend to any suit in law or equity, commenced or pros- 
ecuted against one of the United States by citizens of another State or by 
citizens or subjects of any foreign State. 

Before the amendment went into effect suits could be 
brought against a State by citizens of another State or by 
citizens of a foreign State. It seemed contrary to the sov- 
ereignty of a State for a private citizen to have the power to 
present a case in a Federal Court against a State, and, as a 
result, there was great dissatisfaction which finally led to the 
Eleventh Amendment. A State may be sued by another State, 
but not by a citizen of a State, foreign State, or by one of its 






THE JUDICIAL DEPARTMENT. 245 

citizens. Congress may authorize a citizen to sue the govern- 
ment, or a State Legislature may authorize a citizen to sue the 
State, but under no other conditions would a citizen have such 
a right. 

Sec. 2, Clause 2. — In all cases affecting ambassadors, other public minis- 
ters and consuls, and those in which a State shall be a party, the Supreme 
Court shall have original jurisdiction. In all the other cases before men- 
tioned, the Supreme Court shall have appellate jurisdiction, both as to law 
and fact, with such exceptions, and under such regulations as the Congress 
shall make. 

Jurisdiction. — Jurisdiction is the right of a court to hear 
a case and interpret and apply the law governing it. The court 
that first tries the case has original jurisdiction. A court has 
appellate jurisdiction when the case that properly reaches it 
has been tried in some inferior court. A court has exclusive 
jurisdiction when a case to be decided by it can not be tried in 
some other court. 

Jurisdiction of the Supreme Court.— The Supreme 
Court has original jurisdiction in all cases affecting ambassa- 
dors, public ministers, and consuls, and in all cases where a 
State is a party. In all other cases the Supreme Court has 
appellate jurisdiction. Congress has control of its appellate 
jurisdiction, as the Constitution does not fix it. The greater 
part of the work of the Supreme Court is to review the decisions 
of the inferior courts. 

The Circuit Court of Appeals. — All the cases that reach 
this court have been appealed from some inferior court. This 
court has only appellate jurisdiction. In almost every case, its 
decisions are final. 

The Circuit Courts. — These courts have civil and crimi- 
nal jurisdiction. They have original jurisdiction in all cases 
arising under the revenue, copyright, and patent laws. Crimes 
and offenses committed against the United States laws which 
are punishable by death or heavy penalty are tried in these 
courts. Congress has assigned much important work for these 
courts. We have mentioned only a small part of the scope of 
their jurisdiction. 



246 THE JUDICIAL DEPARTMENT. 

District Courts. — The district courts have jurisdiction 
over the lesser crimes and violations of Federal laws. A person 
guilty of counterfeiting money, violating certain postal and 
revenue laws would be tried in these courts. They have also 
jurisdiction of bankruptcy proceedings. 

Sec. 2, Clause 3. — The trial of all crimes, except in cases of impeachment, 
shall be by jury; and such trial shall be held in the State where the said 
crimes shall have been committed; but when not committed within any 
State, the trial shall be at such place or places as the Congress may by law 
have directed. 

Trial by Jury. — "I consider trial by jury as the only 
anchor ever yet imagined by man, by which a government can 
be held to the principles of its Constitution." — Jefferson. 

The trial of all crimes shall be by jury, except in cases of 
impeachment, and, in this event, the members of the Senate 
take a special oath and sit as a jury to hear the Articles of 
Impeachment. The Constitution provides that the trial be held 
in the State where the crime is committed. In case the crime 
is not committed in any of the States, Congress has power to 
name a suitable place. 

Three of the Amendments. — We shall in this connec- 
tion consider three of the amendments to the Constitution 
which relate to the judicial system. These and other like 
amendments have been called our "Bill of Eights." They 
relate to proceedings only in the Federal Courts. 

Fifth Amendment. — No person shall be held to answer for a capital or 
otherwise infamous crime, unless on a presentment or indictment of a grand 
jury, except in cases arising in the land or naval forces, or in the militia' 
when in actual service, in time of war or public danger; nor shall any per- 
son be subject for the same offense to be twice put in jeopardy of life op 
limb; nor shall be compelled in any criminal case to be a witness against 
himself," nor be deprived of life, liberty, or property, without due process of 
law; nor shall private property be taken for public use, without just com- 
pensation. 

The Grand Jury. — The grand jury is selected by the 
court, and is composed of not less than twelve responsible 






THE JUDICIAL DEPARTMENT. 247 

citizens. It is the duty of this jury to make a faithful inquiry 
into all wrongs and violations of the law. The jury has a 
right to call witnesses before it and make a» thorough investi- 
gation. If, after the investigation, it has reason to believe that 
the person accused is guilty, it would be its duty to return an 
indictment marked "True Bill." If it believes the person is not 
guilty, it would indicate the same by writing "Not a True Bill." 
If an indictment is not found, the accused would be released. 
It must not be understood that the authority of the grand jury 
is limited to cases brought before it by the prosecuting officer, 
or to cases where an arrest has already been made, for it is 
the duty of the grand jury to make complete and independent 
investigations of all violations of the law, and if it finds 
offenses that justify action, it "may make what is called a 
presentment, which may thereupon be followed by an indict- 
ment, and this by a trial." The court usually gives the grand 
jury instructions concerning its duty, and may call its attention 
to special and notorious offenses. The proceedings of a grand 
jury are secret. In fact, the oath the juror takes binds him to 
secrecy. With a few constitutional exceptions, no person can 
be tried unless he has been indicted by a grand jury. 

The Petit Jury. — "The terms 'jury' and 'trial by jury' 
are, and for ages have been, well known in the language of the 
law. They were used at the adoption of the Constitution, and 
always, it is believed, before that time, and almost always 
since, in a single sense. A jury for the trial of a, cause was 
a body of men, described as upright, well-qualified, and lawful 
men, disinterested and impartial, not of kin nor personal 
dependents of either of the parties, having their homes within 
the jurisdictional limits of the court, drawn and selected by 
officers free from all bias in favor of or against either party. 
duly impanelled under the direction of a competent court, 
sworn to render a true verdict according to the law and evi- 
dence given them, who, after hearing the evidence and receiving 
the instructions of the court relative to the law involved in the 
trial, return their unanimous verdict upon the issue submitted 



248 THE JUDICIAL DEPARTMENT. 

Second Trial. — No person can be tried the second time for 
the same offense unless the accused request a new trial on 
account of an error of law committed during the trial. The 
request would be in his own interest, and granting a new trial 
would not be contrary to constitutional authority. -If the jury 
fails to agree, the trial continues until a verdict is reached. 

Other Rights of Citizens. — No person shall be compelled 
in any criminal case to be a witness against himself, nor can 
his life, liberty, or property be taken away from him without 
due process of law. The government can not take private 
property for public use without giving just compensation to 
the private owner of the property. Due process of law means a 
regular and orderly proceeding before a court of competent 
jurisdiction, where the defendant is summoned and given the 
right to be heard. 

Sixth Amendment. — In all criminal prosecutions, the accused shall enjoy 
the right to a speedy and public trial by an impartial jury of the State and 
district wherein the crime shall have been committed, which district shall 
have been previously ascertained by law, and to be informed of the nature 
and cause of the accusation; to be confronted with the witnesses against 
him; to have compulsory process for obtaining witnesses in his favor, and to 
have the assistance of counsel for his defense. 

Rights of a Citizen on Trial. — This amendment to the 
Constitution gives the citizen accused of a crime "a right to a 
speedy and public trial by a jury selected from the State or 
district where the crime was committed." "To send a* man 
charged with a crime or offense to another country or region, 
where his offense might be judged from a standpoint different 
from that of his 'vicinage,' and without knowledge of local 
habits and customs, or with, as might happen, a special dislike 
of these, would be, as you can readily see, an injustice." The 
accused is entitled to be tried by an impartial jury selected 
under the law. Either party to a suit may "challenge," or 
object to, certain persons acting as jurors on the ground of 
incompetency, and because they are prejudiced and unable to 
render an impartial decision. In addition to the above, a 
certain number of proposed jurors can be objected to without 



THE JUDICIAL DEPARTMENT. 249 

giving any reasons. The accused has a right to have the 
assistance of counsel, to be confronted with the witnesses 
against him, and to have compulsory processes for obtaining 
witnesses in his favor. Prior to the accession of William and 
Mary in 1688, a person on trial for a capital crime was not 
allowed either witnesses or counsel. 

Subjects. — The Sixth and Seventh Amendments referred 
to the administration of government in time of peace. ''The 
Constitution contemplates the possibility of a state of public 
danger arising from the presence of a foreign or domestic foe. 
It contemplates the necessary suspension for the time being 
and in particular localities of all civil functions of the govern- 
ment that the martial powers of the same may be effectually 
exercised for the security and welfare of the nation." — Tiffany. 

Seventh Amendment. — In suits at common law, where the value in con- 
troversy shall exceed twenty dollars, the right of trial by jury shall be pre- 
served, and no fact tried by a jury shall be otherwise re-examined in any 4 
court of the United States than according to the rules of the common law. 

Trial by Jury. — This amendment is the result of the 
desire of the people to guard their property rights through the 
decisions of an impartial jury. Federal suits representing a 
value in controversy exceeding twenty dollars must be tried 
by a jury. In case of a new trial "the right of trial by jury 
shall be preserved" and future re-examination and decisions 
shall be made by a jury. "This amendment, although it pro- 
vides in general terms that the right of trial by jury shall be 
preserved, was intended to apply and does apply only to the 
proceedings in the courts of the United States, and it does not 
affect proceedings in the State courts nor the power of the 
States to regulate the form and methods of trials in their own 
tribunals." 

Sec. 3, Clause 1. — Treason against the United States shall consist only 
in levying war against them, or in adhering to their enemies, giving them 
aid and comfort. No person shall be convicted of treason unless on the 
testimony of two witnesses to the same overt act, or on confession in open 
court 



250 THE JUDICIAL DEPARTMENT. 

Treason. — Treason is a crime committed for the purpose of 
overthrowing the government. It is the highest crime that a 
citizen can commit against civil society. Only persons owing 
allegiance to the government can be a traitor to the govern- 
ment. Treason is the worst of all crimes and deserves the 
severest punishment. It was defined in our Constitution be- 
cause our forefathers knew from English history how many 
crimes had been committed in the name of implied or con- 
structive treason. 

Abuses of Authority. — Tyrannical kings have frequently 
taken advantage of strong public opinion against treason in 
order to foster their own selfish interests and desires by taking 
the lives of men under pretense of treason. History relates 
many circumstances where a life was taken for treason when 
only harmless words were spoken by the accused. This clause 
of the Constitution guards against any abuse of this kind by 
declaring what is considered treason. 

Definition of Treason. — The Constitution defines treason 
as consisting in "levying war against the United States and 
adhering to their enemies, giving them aid and comfort." Mr. 
Marshall, in speaking of levying war, said : "If a body of men 
be actually assembled for the purpose of effecting by force 
a treasonable purpose, all those who perform any part, however 
minute, or however remote from the scene of action, and who 
are actually leagued in the general conspiracy, are to be 
considered as traitors. But there must be an actual assembling 
of men for the treasonable purpose to constitute a levying of 
war." Giving aid and comfort consists in aiding the traitors 
in their efforts to overthrow the government by furnishing 
them provisions, horses, cannon, ammunition, or in giving any 
aid that would assist them in accomplishing their purpose. 
"It is treason for any person to give aid and comfort to public 
enemies. To sell vessels to them, which it is their purpose to 
use as ships of war, is to give them aid and comfort. To receive 
money from them in payment for vessels which they have 
seized for those purposes, would be to attempt to convert the 



THE JUDICIAL DEPARTMENT. 251 

unlawful seizure into a sale, and would subject the party so 
offending to the pains and penalties of treason, and the govern- 
ment would not hesitate to bring the offender to punishment " 
— Seward. ~No man can be convicted of treason on the testi- 
mony of one witness. Neither can a man be convicted on any 
confessions he made out of open court. Concerning a convic- 
tion, Justice Story said: "It has been well remarked that 
confessions are the weakest and most suspicious of all testi- 
mony ever allowable to be obtained by artifice, false hopes, 
promise of favor, or menaces; seldom remembered accurately, 
or reported with due precision; and incapable in their nature 
of being disproved by other negative evidence. To which it 
may be added, that it is easy to be forged, and the most difficult 
to guard against." 

Sec. 3, Clause 2. — The Congress shall have power to declare the punish- 
ment of treason; but no attainder of treason shall work corruption of blood, 
or forfeiture, except during the life of the person attainted. 

The Punishment. — Congress has power to declare the 
punishment for treason. The present punishment is death, or, 
if the court desires, it may order the accused to hard labor in 
prison for five years and a fine of not less than ten thousand 
dollars. 

Attainder of Treason. — According to the common law, 
corruption of blood and forfeiture of property followed con- 
viction of treason. This clause of the Constitution prevents 
injustice of this kind. Mr. Story gives much light on this 
question in the following words : "By corruption of blood all 
inheritable qualities are destroyed; so that an attainted person 
can neither inherit lands nor other hereditaments from his 
ancestors, nor retain those he is already in possession of, nor 
transmit them to any other heir. And this destruction of all 
inheritable qualities is so complete that it obstructs all descent s 
to his posterity, whenever they are obliged to derive a title 
through him to any estate of a remoter ancestor. So that if a 
father commits treason, and is attainted and suffers death, 
and then the grandfather dies, his grandson can not inherit 



252 THE JUDICIAL DEPARTMENT. 

any estate from his grandfather; for he must claim through his 
father, who would convey to him no inheritable blood. . . . 
In addition to this most grievous disability , the person attainted 
forfeits, by the common law, all his lands, and tenements, and 
rights of entry, and rights of profits in the lands or tenements, 
which he possesses. And this forfeiture relates back to the 
time of the treason committed, so as to avoid all intermediate 
sales and incumbrances; and he also forfeits all his goods and 
chattels from the time of his conviction." 

Art. 4, Sec. 1. — Full faith and credit shall be given in each State to the 
public acts, records, and judicial proceedings of every other State. And the 
Congress may, by general laws, prescribe the manner in which such acts, 
records, and proceedings shall be proved, and the effect thereof. 

Full Faith and Credit. — "Full faith and credit" means 
that the same credit which a State itself gives its public acts, 
records, and judicial proceedings must be given by other States 
when properly proven. The public acts are the laws made by 
the State Legislature. The records are all the records au- 
thorized by law, including real estate records and legislative 
journals. Judicial proceedings are the judgments, orders, and 
proceedings of the courts. For example, if a person is sued in 
Kentucky and a judgment obtained against him and he goes 
into another State, it may be enforced in the State where he is. 
This can be done by simply proving that a judgment was 
rendered against him. Congress has by law prescribed the 
methods of proving the records, acts, and proceedings of 
another State. 

Sec. 2, Clause 1. — The citizens of each State shall be entitled to all priv- 
ileges and immunities of citizens in the several States. 

Rights of Citizens. — If a citizen living in one State 
moves into another, he is entitled to all the privileges enjoyed 
by the citizens of that State. He is, of course, subject to the 
law and local regulations of the new State, and he has no right 
to use the law of his former State as a rule for his conduct. 
The Constitution guarantees every citizen in this Union the 



THE JUDICIAL DEPARTMENT. 253 

enjoyment of these rights. The privileges and immunities 
referred to are those fundamental in their character, such as 
the right to life, liberty, labor, and equality before the law. 
The right to vote is not embraced by this phrase. 

Sec. 2, Clause 2. — A person charged in any State with treason, felony, 
or other crime, who shall flee from justice, and be found in another State, 
shall, on demand of the executive authority of the State from which he fled, 
be delivered up, to be removed to the State having jurisdiction of the crime. 

Fugitives from Justice. — The sovereignty of a State 
ceases beyond its boundary. The officer of one State has no 
right to go into another State and arrest a criminal for a crime 
committed in his State. Neither has the State to which the 
criminal flees the power to try him for a crime committed in 
another State. When a person charged with a crime in one 
State flees into another, the executive of the State thereof 
'•shall on demand from the executive authority of the State 
from which he fled" deliver him to the State having jurisdic- 
tion of the crime. States have power to try crimes committed 
against their own laws only. Without the constitutional 
protection offered in this clause, each State would be an asylum 
for criminals, and society would be subjected to great wrongs 
and many injustices. "The giving up by one nation of a 
fugitive from justice escaping from another nation is cilled 
extradition." 

Steps in Returning a Fugitive to Justice.— 1 The 
governor of the State where the crime is committed makes 
requisition on the governor of the State to which the criminal 
flees, based on affidavit or indictment, distinctly charging the 
crime committed. 

2. If the fugitive is arrested before the requisition is made, 
it is the duty of the governor to order the fugitive turned over 
to the agents of the governor of the State having jurisdiction. 
If the fugitive has not been arrested at the time the requisition 
is made, it becomes the duty of the chief executive of the State 
where the fugitive flees to order his arrest and delivery to 
the agents of the State making this requisition. 



254 THE JUDICIAL DEPARTMENT. 

3. The fugitive is taken back to the State having jurisdic- 
tion of his crime and is tried. 

4. The person so arrested may at any time apply for a writ 
of habeas corpus to try whether he is lawfully held. 

Sec. 2, Clause 3. — No person held to service or labor in one State, under 
the laws thereof, escaping into another, shall, in consequence of any law or 
regulation therein, be discharged from such service or labor, but shall be 
delivered up on claim of the party to whom such service or labor may be 
due. 

This clause was made a part of the Constitution in the 
interest of slave holders. Since the abolition of slavery this 
clause is of little further use and benefit. 

Sec. 3, Clause 1. — New States may be admitted by the Congress into this 
Union; but no new State shall be formed or erected within the jurisdiction 
of any other State; nor any State be formed by the junction of two or more 
States, or parts of States, without the consent of the Legislatures of ther 
States concerned as well as of the Congress. 

How a Territory Becomes a State.— When a territory 
desires to become a State, it petitions Congress through its 
delegate to pass what is called an Enabling Act. The petition 
or memorial gives full information concerning the number, 
occupation, education, and character of the people of the 
territory that seeks admission into the Union. The Enabling 
Act, if passed, authorizes the people of the territory to call a 
convention and frame a constitution. After the constitution 
is framed by the people of the territory, Congress examines 
same, and, if it is in harmony with the spirit and meaning of 
the Constitution of the United States, Congress passes a law 
admitting it into the Union as a State. It is not absolutely 
necessary for an Enabling Act to be passed in order to admit 
a territory into the Union. The people of a territory may frame 
their Constitution, elect officers to administer it, and then 
present to Congress their proposed State Constitution, together 
with full information concerning the territory and their express 
wishes. Whereupon, Congress may examine the proposed Con- 



THE JUDICIAL DEPARTMENT. 255 

stitution and pass a law making the territory a State without 
passing the Enabling Act. 

Sec. 3, Clause 2. — The Congress shall have power to dispose of, and 
make all needful rules and regulations respecting the territory or other 
property belonging to the United States; and nothing in this Constitution 
shall be so construed as to prejudice any claims of the United States, or of 
any particular State. 

The Territorial Government.— Under this clause of the 
Constitution, Congress has established the territorial govern- 
ments. The territorial government usually consists of a 
Legislature elected by the people of the territory, and a 
governor and judges nominated by the President and confirmed 
by the Senate. Territorial authority depends upon national 
sovereignty. The people of a territory have a right to elect a 
delegate to the national House of Representatives. This dele- 
gate has a right to discuss territorial questions, but no right 
to vote. 

Sec. 4. — The United States shall guarantee to every State in this Union 
a republican form of government; and shall protect each of them against 
invasion; and on application of the Legislature, or of the executive (when 
the Legislature cannot be convened), against domestic violence. 

Republican Government. — Under the Constitution each 
State in the Union must have a republican form of government. 
The Supreme Court has decided that Congress shall determine 
what government is the established one in each State. It is 
the duty of the Federal Government to see that each State has 
a republican government. Mr. Madison says : "We may define 
a republic to be a government which derives all its powers 
directly or indirectly from the great body of the people, and 
is administered by persons holding their offices during pleasure, 
for a limited period, or during good behavior." "The principle 
of republicanism is the equal right of the people, the citizens, 
alJ the members of the body politic. In theory it is the govern- 
ment of public opinion. . . . The fundamental principles 
of right and justice for the government, the representative 



256 THE JUDICIAL DEPARTMENT. 

character of the governors, and their practical responsibleness 
to the governed, are the essentials of republicanism." 

Protection.^ The national government secures to each 
State of the Union protection against invasion, and, when the 
proper application is made by the State authorities, it offers 
protection against domestic violence. 



SUGGESTIVE QUESTIONS. 

Why is it necessary to have a federal judiciary? 

What did Webster, Washington, and Jefferson say about it? 

What has been the view of the majority of the great men concerning it? 

What should be the attitude of American citizens toward it? 

What would be the result if we did not have a federal judiciary? 

Give the constitutional words that authorize its organization. 

Which one of the federal courts was established by the Constitution? 

Name the federal courts that have been organized by Congress? 

Which is the highest court in the land? 

When was it organized? 

How many justices preside in this court? 

Who is the chief justice? When does this court meet in regular session? 

How long does it last? 

How many justices does it take to decide a question? 

Where is this court held? 

Tell something about the arrangement of the Supreme Court chamber. 

What kind of dress is worn by the judges? 

What is the nature of the personality of the members of the Supreme Court? 

Why was the Circuit Court of Appeals organized? When was it organized? 

How many Circuit Courts of Appeals? 

Who holds these courts? 

How often are they held? 

What is the jurisdiction of the Circuit Court of Appeals? 

How many Circuit Courts? How many judges in each circuit? 

What is the relation existing between the judges of the Circuit Court and 

the justices of the Supreme Court? 
By whom is this court held? 

How many District Courts? When was this court organized? 
Can parts of two States be included in one district? 
Who are the federal officers that work in this court? 
Give the duties of each. 

Give some idea of the jurisdiction of this court? 
What is the Court of Claims? 

When was it established? Why? Give the nature of its work. 
How many justices preside? 

How are the decisions of the Court of Claims carried into effect? 
Tell about the court of the District of Columbia. Why was it organized? 
How many justices preside? 
What is the nature of the Territorial Courts? 



THE JUDICIAL DEPARTMENT. 257 

By whom was this court organized? For what purpose? 

What is its jurisdiction? 

Show the similarity existing between a federal Territorial Court and a State 
Supreme Court. 

How long do the judges of the different federal courts hold office and what 
is the salary of each? 

How may they be removed from office? How are they appointed to office? 

May the salary of a federal judge be diminished? Can it be increased? 

Why this difference? 

Define a case. 

What is meant by bringing a case regularly before the court. 

What does the court do when the case is brought before it? 

What is included in cases of law and equity? 

What did Mr. Hamilton say relative to a Court of Equity? 

To what cases is the federal judicial power extended? 

How may a citizen who feels that he is unjustly affected by a federal law 
seek redress? 

In what court is a citizen tried who violates a federal law? 

Where are all cases that affect ambassadors, ministers, etc., tried? 

Who tries cases originating from offences committed on the high seas? 

Could a case where the United States was a party be tried in a State Court? 

By whom are controversies between different States settled? 

What did Chief Justice Jay say about this? 

Who has jurisdiction in cases arising out of controversies between the State 
and people of another State? 

What is the force and meaning of the eleventh amendment to the Consti- 
tution? 

What is the meaning of jurisdiction? 

What is the meaning of original, appellate, and exclusive jurisdiction? 

Give a general idea of the jurisdiction of the different federal courts. 

What is meant by trial by jury? 

What does the Constitution say relative to trial by jury? 

What did Jefferson say about trial by jury? 

'Why was the fifth amendment to the Constitution made? 

What is the grand jury? How selected? 

Give in full the work of this jury. 

What kind of oath do members of the grand jury take? 

Tell all about the petit jury. How are its members selected? 

What are their duties? What is the nature of the oath they take? 

When may a person be tried twice for the same offense? 

When is a case completed? 

May a person be forced to testify against himself? 

How may the government take private property for public use? 

Why is a person accused of a crime entitled to a speedy trial? 

Where is he tried? Why? 

What rights has he in selecting a jury? 

Give the meaning of the seventh amendment. 

Define treason. 

How may a person be convicted of treason? 

What did Mr. Marshall say about levying war? 

Who has the power to declare the punishment for treason? 

What is the present punishment? 

What did Mr. Story say concerning attainder of treason and corruption of 
blood? 



258 THE JUDICIAL DEPARTMENT. 

What is meant by giving full faith and credit to the public acts, records, 

etc., of another State? 
What are the public acts, records, judicial proceedings of a State? 
What rights do citizens of one State enjoy while in another State? 
Has an officer of one State a right to arrest a criminal in another State? 
Has the State to which he fled a right to try him? 
What is the process of one nation giving a fugitive from justice over to 

another called? 
Give the st ps that must be taken in returning a fugitive to justice? 
Tell in full how a territory becomes a State. 
Give the constitutional authority for the establishment of a territorial 

government. 
Give some idea of the government of our present territories. 
Is each state in the United States compelled to have a republican form of 

government? Why? 
Who has the power to determine what government is the established one 

in the State? 
What did Mr. Madison say relative to a republican government? 
When may the national government protect a State against invasion? 

QUESTION FOR DEBATE. 
Resolved, That the jury system should be abolished. 



CHAPTER XVIII. 

THE RIGHT TO AMEND THE CONSTITUTION AND THE AMENDMENTS. 

Art. 5. — The Congress, whenever two-thirds of both Houses shall deem 
it necessary, shall propose amendments to this Constitution, or, on the ap- 
plication of the Legislatures of two-thirds of the several States, shall call a 
convention for proposing amendments, which, in either case, shall be valid 
to all intents and purposes, as part of this Constitution, when ratified by 
the Legislatures of three-fourths of the several States, or by con- 
ventions in three-fourths thereof, as the one or the other mode of ratifica- 
tion may be proposed by the Congress; provided, that no amendment which 
may be made prior to the year one thousand eight hundred and eight shalf 
in any manner affect the first and fourth clauses in the ninth section of the 
first article; and that no State, without its consent, shall be deprived of its 
equal suffrage in the Senate. 

Necessity of Power of Amendment. — The authors of 
the Constitution were wise men who believed that it was not 
in the power of man to write a supreme law for the government 
of a nation so perfect as to provide for the future wants, 
necessities, and requirements of a young and growing nation. 
They labored faithfully to make a perfect organic law that 
would secure the highest enjoyment of natural rights to each 
citizen, but they did not know how well they had succeeded 
and did not want to deprive the people of an opportunity to 
make amendments when the interest of our Union might 
demand it "However, they did not think that the Constitution 
should be made a subject of daily changes on account of easy 
methods of amending it, but they believed that if an impera- 
tive reason should arise for making an amendment, the people 
should, by complying with certain requirements, have such 
power." 

At the close of the Constitutional Convention, Franklin 
said: 

"Sir, I agree to this Constitution with all its faults, if they 
are such; because I think a general government necessary for 
us, and there is no form of government but what may be a 
blessing to the people if well administered; and believe further, 



260 THE RIGHT TO AMEND THE CONSTITUTION. 

that this is likely to be well administered for a term of years, 
and can only end in despotism, as other forms have done before 
it, when the people shall become so corrupted as to need 
despotic government, being incapable of any other. I doubt, 
too, whether any other convention we can obtain may be able 
to make a better Constitution. . . . Thus, I consent, sir, 
to this Constitution, because I expect no better, and because I 
am not sure that it is not the best." 

Article 5 gives the people ample power to amend the Con- 
stitution. 

Proposals of Amendments. — There are two ways by 
which an amendment may be proposed. Congress may propose 
an amendment by a two-thirds vote of each House, or two- 
thirds of the Legislatures of the several States may apply to 
Congress to call a convention to propose an amendment. There 
are two methods for ratifying the proposed amendment. It 
may be ratified by three-fourths of the Legislatures of the 
several States, or by conventions in three-fourths of the States. 

Methods of Ratifying. — When an amendment is pro- 
posed, it is submitted by the Federal Congress to the diff erent 
States for ratification. Whether the ratification shall be by 
the State Legislatures or by conventions is determined by 
Congress before submitting the proposed amendments with 
instruction to the States. After ratification is made by three- 
fourths of the Legislatures or conventions of the States, the 
amendment becomes a part of the Constitution. No amend- 
ment has ever been ratified by State conventions; all have been 
ratified by State Legislatures. 

Prohibition. — The Constitution prohibits the amending of 
the provision relating to State equality in the Senate. It also 
prohibits the amending of the provision which is not now in 
effect that relates to a capitation tax on the importation of 
slaves prior to the year 1808. 

Withdrawal of Ratification. — A State can not withdraw 
its ratification of a proposed amendment after it has properly 
ratified same. 



THE RIGHT TO AMEND THE CONSTITUTION. 261 

The Amendments. — The Constitution has received fifteen 
amendments. The first ten amendments were proposed by 
Congress in 1789, and were ratified in 1791. Congress proposed 
the Eleventh Amendment in 1794, and it was ratified in 1798. 
The Twelfth Amendment, which really originated as a result 
of the disputed election in 1801, was proposed in 1803, and 
ratified in 1804. The Thirteenth Amendment was proposed 
and ratified in 1865. The Fourteenth Amendment was pro- 
posed in 1868 and ratified the same year. The Fifteenth! 
Amendment was proposed by Congress in 1869 and ratified in 
1870. All the amendments have been proposed by Congress 
and ratified by the State Legislatures. Nineteen amendments 
have been proposed, but four failed to be ratified. Each 
amendment is thoroughly considered in this book. 

Article 6, Clause 1. — All debts contracted and engagements entered into, 
before the adoption of this Constitution, shall be as valid against the United 
States under this Constitution, as under the Confederation. 

Debts of the Confederation. — The nation was born 
before the Constitution was written. A government had been 
organized, and it sought to form a more perfect union and 
government through the operation of the Continental Congress 
and the government organized under the Articles of Confedera- 
tion. This clause makes the nation under the new Constitution 
assume all the debts and engagements entered into by the 
Confederation. Our forefathers thus set the seal of disap- 
proval upon the repudiation of debts. 

Art. 6, Clause 2. — This Constitution and the laws of the United States 
which shall be made in pursuance thereof; and all treaties made, or which 
shall be made, under the authority of the United States, shall be the su- 
preme law of the land; and the judges in every State shall be bound there- 
by, anything in the Constitution or laws of any State to the contrary not- 
withstanding. 

The Supreme Law of the Land.— The plan of a re- 
public gives the people the power to make the supreme law, 
which becomes the authority for the enactment of any Federal 
laws and for the making of treaties with foreign nations. 



262 THE RIGHT TO AMEND THE CONSTITUTION. 

Each State was given equal rights in the making of the organic 
law of the land, and it is right for each State to fully recognize 
the sovereign demands and requirements of the supreme law, 
which the State assisted in making for the government of all 
the States. This clause declares that the Constitution and the 
laws and treaties arising in the Constitution shall be the 
supreme law of the land, and that the judges of each State 
shall be bound thereby regardless of the State Constitution 
and laws. This clause establishes the sovereignty of the 
nation over the State, and makes it the duty of the judges of 
a State to declare null and void any State law in conflict with 
the law of the land. "No doctrine involving more pernicious 
consequences was ever invented by the wit of man than that 
any of its provisions can be suspended during any great 
exigencies of government. Such doctrine leads directly to 
anarchy or despotism." 

Art. 6, Clause 3. — The Senators and Representatives before mentioned, 
and the members of the several State Legislatures, and all executive and 
judicial officers, both of the United States and of the several States, shall 
be bound by oath or affirmation, to support this Constitution; but no relig- 
ious test shall ever be required as a qualification to any office or public 
trust under the United States. 

Oath of Office. — National Senators and Representatives, 
legislators, and the State executive officers of the State and 
nation, and other agents of the government, are required by 
the Constitution to be bound by oath or affirmation to support 
the Constitution. No religious test can be made a part of the 
qualification of an officer taking an oath of office. 

Art. 7. — The ratification of the conventions of nine States shall be suf- 
ficient for the establishment of this Constitution between the States so rati- 
fying the same. 

Before the new Constitution could go into effect it was 
necessary for it to be ratified by nine States. The order in 
which the States ratified the Constitution, together with other 
information concerning this article, is given in "Thirty-two 



THE RIGHT TO AMEND THE CONSTITUTION. 26$ 

of the Causes and Steps Leading to the Constitution of the 
United States," which is published in this book. 

Amendments. — First Amendment: Congress shall make no law respect- 
ing an establishment of religion, or prohibiting the free exercise thereof; 
or abridging the freedom of speech or of the press; or the right of the 
people peaceably to assemble, and to petition the government for a redress 
of grievances. 

Freedom of Conscience. — Religion is a sacredly per- 
sonal thing between man and his God. Recognizing freedom 
of conscience is itself a religious act — the highest authority a 
nation has for calling itself a Christian nation. Richard S. 
Storrs says: "The arrangement of God which makes man's 
conscience his guide to action, is beneficent every way. The 
results will be seen in the end in a purer piety; in a nobler 
self-devotion; in a grander and more powerful grasp of the 
principles of duty; in a more exalted communion with God in 
his holiness; in a higher disregard of the blandishments of 
time; in a mightier unfolding of all spiritual force; in a deeper 
impression of the history of the world." 

Religious Liberty. — A citizen in this country has the 
right of absolute free choice in matters of conscience. Religious 
liberty is a fundamental right planted in the human breast. 
It gives each individual the privilege of denning his own 
religious views, to think for himself, and to join any church 
which he may select. Each man is left to work out his own 
ideas concerning God and eternity. The intolerant fanatic^ 
who has no respect for the religious views of those who do not 
believe as he does, is neither a patriot nor a Christian Thomas 
M. Cooley says : "The American people came to the work of 
framing their fundamental laws, after centuries of religious 
oppression and persecution, sometimes by one party or sect 
and sometimes by another, had taught them the utter futility 
of all attempts to propagate religious opinions by the rewards, 
penalties, or terrors of human laws." 

Religious liberty does not entitle a man, under its cover, to 
engage in practices, such as polygamy, that are violations of 
the law. 



264 THE RIGHT TO AMEND THE CONSTITUTION. 

Freedom of Speech and the Press, — in our country 
the ritizen has a right to speak and publish what he chooses, 
provided his utterances are not injurious to public morals and 
do not deprive others of the exercise of their natural rights. 
A full discussion of public questions, or matters that concern 
the people and the republic, is necessary in a free government. 
But a man is held liable for the abuse of this privilege, as in 
cases of slander and libel. Slander and libel are the speaking 
and writing of another, falsely and maliciously, such things 
as injure him or bring him into disgrace. 

Freedom of Thought. — Every man certainly has a right 
to exercise his mind and make it produce original ideas, 
opinions, and thoughts. Our national individuality and power 
rest upon the highest enjoyment of this inalienable right. 
Every citizen possesses an instrument of thought, and the 
organism of a republic contemplates and makes it necessary 
for him to use his mind to its utmost capacity. 

The Right of Assembly.— The opportunity which a 
republic offers the people to assemble and discuss at length 
questions of public importance, has done a great deal in 
enlightening the people on public issues and questions and in 
creating a higher moral sentiment, deeper reverence for the 
law, and larger love for humanity. When this privilege is 
properly used, it becomes a great force for good. 

The Right of Petition . — The right of petition gives the 
people an opportunity to be heard on all questions concerning 
the public Avelfare. Good laws have been made, bad ones 
repealed, and wrongs have been righted as the result of the 
right of petition. Legislation, and other business connected 
with the different departments of a republic, is largely con- 
trolled by public opinion, and the right of petition gives the 
people an opportunity in a constitutional way of presenting 
to the agents of the government their desires and wishes. 

Second Amendment. — A well regulated militia being necessary to the 
security of a free State, the right of the people to keep and bear arms shall 
not be infringed. 



THE RIGHT TO AMEND THE CONSTITUTION. 265 

The Militia. — The militia referred to in this amendment 
is the citizen-soldiery of the country. The people of each State 
have a right under certain regulations to bear arms and main- 
tain a regular militia. This amendment makes a large standing 
army unnecessary. 

Third Amendment. — No soldier shall, in time of peace, be quartered in 
any house without the consent of the owner, nor in time of war, but irt 
a manner to be prescribed by law. 

Protection of Home. — This amendment is another guar- 
antee of individual rights. Tyrannical rulers will frequently 
quarter soldiers in the homes of their subjects without their 
consent. The theory of a good government makes a man's 
home his castle, and guards him in the exercise and enjoyment 
of these sacred privileges. There is no necessity for quartering 
soldiers in private homes in time of peace. 

Fourth Amendment. — The right of the people to be secure in their per- 
sons, houses, papers, and effects, against unreasonable searches and seiz- 
ures, shall not be violated; and no warrant shall issue, but upon probable 
cause, supported by oath or affirmation, and particularly describing the 
place to be searched, and the persons or things to be seized. 

This is another guarantee of personal rights. Every man's 
home is free from searches and seizures unless authorized by 
a warrant issued by the proper authority. No warrant shall 
be issued without sufficient cause and on evidence supported 
by oath. It is necessary for the warrant to specify the place 
to be searched and describe the persons or things to be seized. 

Fifth Amendment.— No person shall be held to answer for a capital or 
otherwise infamous crime, unless on a presentment or indictment of a grand 
jury, except in cases arising in the land or naval forces, or in the militia 
when in actual service in time of war or public danger; nor shall any person 
be subject for the same offense to be twice put in jeopardy of life or limb; 
nor shall be compelled in any criminal case to be a witness against himself; 
nor be deprived of life, liberty, or property, without due process of* law; 
nor shall private property be taken for public use, without just compensa- 
tion. 



266 THE RIGHT TO AMEND THE CONSTITUTION. 

Sixth Amendment. — In all criminal prosecutions, the accused shall en- 
joy the right to a speedy ^nd public trial, by an impartial jury of the State 
and district wherein the crime shall have been committed, which district 
shall have been previously ascertained by law, and to be informed of the 
nature and cause of the accusation; to be confronted with the witnesses 
against him; to have compulsory process for obtaining witnesses in his 
favor, and to have the assistance of counsel for his defense. 

Seventh Amendment. — In suits at common law, where the value in con- 
troversy shall exceed twenty dollars, the right of trial by jury shall be pre- 
served, and no fact tried by a jury shall be otherwise re-examined in any 
court of the United States, than according to the rules of the common law. 

These three amendments are fully treated on pages 246-247- 
248-249. 

Eighth Amendment. — Excessive bail shall not be required, nor excessive 
fines imposed, nor cruel and unusual punishments inflicted. 

The size of the bail, fines, and the punishment inflicted 
must be in harmony with the nature of the crime committed. 
Any violation of this principle would be contrary to the Con- 
stitution and unjust to the accused. Under the law all persons 
accused are regarded as innocent until their guilt is estab- 
lished. 

Ninth Amendment. — The enumeration in the Constitution of certain 
rights, shall not be construed to deny or disparage others retained by the 
people. 

Most of the rights recognized by our government as be- 
longing to the people are not specifically enumerated in the 
Constitution. The best writers on constitutional law hold that 
we would have enjoyed the same rights that we do now, even 
if the Ninth Amendment had not been made. This amendment 
was made a part of the Constitution, however, in order to 
guarantee to every citizen all the implied rights given to them 
by the national Constitution. 

Tenth Amendment. — The powers not delegated to the United States by 
the Constitution, nor prohibited by it to the States, are reserved to the 
States respectively, or to the people. 

State Rights. — The power given by the Constitution to 
the Federal Government cannot he exercised by State govern- 






THE RIGHT TO AMEND THE CONSTITUTION. *67 

inents. Neither can any power prohibited by the Constitution 
to the States be exercised by State authority. If, however, 
there is any power that the Constitution does not give to the 
Fnited States and does not deny to the States, this power is 
reserved to the States. 

Eleventh Amendment. — The judicial power of the United States shall 
not be construed to extend to any suit in law or equity, commenced or prose- 
cuted against one of the United States by citizens of another State, or by 
citizens or subjects of any foreign State. 

This amendment is fully treated under "The Judiciary." 
See pages 244-245. 

Twelfth Amendment. — The electors shall meet in their respective States, 
and vote by ballot for President and Vice-President, one of whom, at least, 
shall not be an inhabitant of the same State with themselves; they shall 
name in their ballots the person voted for as President, and in distinct bal- 
lots the person voted for as Vice President, and they shall make distinct 
lists of all persons voted for as President, and of all persons voted for as 
Vice President, and of the number of votes for each, which lists they shall 
sign and certify, and transmit sealed to the seat of government of the United 
States, directed to the President of the Senate; the President of the Senate 
shall, in the presence of the Senate and House of Representatives, open all 
the certificates, and the votes shall then be counted; the person having the 
greatest number of votes for President, shall be the President, if such num- 
ber be a majority of the whole number of electors appointed; and if no 
person have such majority, then from the persons having the highest num- 
bers, not exceeding three, on the list of those voted for as President, the 
House of Representatives shall choose immediately, by ballot, the President. 
But in choosing the President, the votes shall be taken by States, the rep- 
resentation from each State having one vote; a quorum for this purpose 
shall consist of a member or members from two-thirds of the States, and 
a majority of ail the States shall be necessary to a choice. And if the House 
of Representatives shall not choose a President, whenever the right of 
choice shall devolve upon them, before the fourth day of March next 
following, then the Vice-President shall act as President, as in the case of 
the death or other constitutional disability of the President. The person 
having the greatest number of votes as Vice-President, shall be the Vice* 
President, if such number be a majority of the whole number of electors ap- 
pointed; and if no person have a majority, then from the two highest num- 
bers on the list, the Senate shall choose the Vice-President; a quorum for 
the purpose shall consist of two-thirds of the whole number of Senators, and 



268 THE RIGHT TO AMEND THE CONSTITUTION, 

a majority of the whole number shall be necessary to a choice. But no per- 
son constitutionally ineligible to the office of President shall be eligible to 
that of Vice-President of the United States. 

See a full discussion of this amendment on pages 209-210-211- 
212-213. 

Thirteenth Amendment. — Neither slavery nor involuntary servitude, ex- 
cept as a punishment for crime, whereof the party shall have been duly 
convicted, shall exist within the United States, or any place subject to their 
jurisdiction. 

Sec. 2. — Congress shall have power to enforce this article by appropriate 
legislation. 

Slavery. — This amendment abolished slavery in the nation 
and in all countries under the jurisdiction of the United States. 
Secretary of State Seward issued a certificate December 18> 
1865, announcing that this amendment had been ratified by 
the required number of States, and declaring it a part of the 
national Constitution. 

Fourteenth Amendment. — All persons born or naturalized in the United 
States, and subject to the jurisdiction thereof, are citizens of the United 
States and of the State wherein they reside. No State shall make or en- 
force any law which shall abridge the privileges or immunities of citizens 
of the United States; nor shall any State deprive any person of life, liberty, 
or property, without due process of law; nor deny to any person within its 
jurisdiction the equal protection of the laws. 

Citizenship. — The first section of this article defines citi- 
zenship. Men, women, and children born or naturalized in 
the United States and subject to its jurisdiction are citizens of 
the United States and the State wherein they reside. Mr. 
Cooler, in speaking of this part of the Constitution, says : "It 
is a formal declaration of the great principle that has been 
justly said to pervade and emanate the whole spirit of our 
Constitution and government— that all are equal before the 
law." This section also guards the rights of citizens by placing 
restrictions upon the power of the State. 

Sec. 2. — Representatives shall be apportioned among the several States 
according to their respective numbers, counting the whole number of per- 



THE RIGHT TO AMEND THE CONSTITUTION. 269 

sons in each State, excluding Indians not taxed. But when the right to vote 
at any election for the choice of electors for President and Vice-President 
of the United States, Representatives in Congress, the executive and judicial 
officers of a State, or the members of the Legislature thereof, is denied to 
any of the male inhabitants of such State, being twenty-one years of age, 
and citizens of the United States, or in any way abridged, except for partici- 
pation in rebellion, or other crime, the basis of representation therein shall 
be reduced in the proportion which the number of such male citizens shall 
bear to the whole number of male citizens twenty-one years of age in such 
State. 

This section of the Fourteenth Amendment is treated on 
pages 143-144-145. 

Sec. 3. — No person shall be a Senator or Representative in Congress, or 
elector of President and Vice President, or hold any office, civil or military, 
under the United States, or under any State, who, having previously taken 
an oath as a member of Congress, or as an officer of the United States, or as 
a member of any State Legislature, or as an executive or judicial officer of 
any State, to support the Constitution of the United States, shall have en- 
gaged in insurrection or rebellion against the same, or given aid or comfort 
to the enemies thereof. But Congress may, by a vote of two-thirds of each 
House, remove such disability. 

Punishment for Violating Oath of Office. — This sec- 
tion limits the power and privilege of all persons who take 
an oath to support the Federal Constitution, and afterward 
engage in insurrection and rebellion against it or give aid and 
comfort to the enemies of the nation. It would require a two- 
thirds vote of each House to remove from a citizen disability 
caused by the enforcement of this amendment. 

Sec. 4. — The validity of the public debt of the United States, authorized 
by law, including debts incurred for payment of pensions and bounties for 
services in suppressing insurrection or rebellion, shall not be questioned. 
But neither the United States nor any State shall assume or pay any debt or 
obligation incurred in aid of insurrection or rebellion against the United 
States or any claim for the loss or emancipation of any slave; but all such 
debts, obligations, and claims shall be held illegal and void. 

Sec. 5. — The Congress shall have power to enforce, by appropriate leg- 
islation, the provisions of this article. 

But little can be said concerning this section. It makes all 
debts as a result of suppressing rebellion and insurrection 



270 THE RIGHT TO AMEND THE CONSTITUTION. 

valid, and it holds the government responsible for the payment 
of them. It; further declares that all debts made in the interest 
of rebellion and insurrection shall not be paid by the govern- 
ment. This amendment arose out of the late Civil War. 

Fifteenth Amendment. — The right of citizens of the United States to 
vote shall not be denied or abridged by the United States, or by any State, 
on account of race, color, or previous condition of servitude. 

Sec. 2. — The Congress shall have power to enforce this article by appro- 
priate legislation. 

This amendment was intended to give the negroes equal 
suffrage with the white people. A citizen can not be denied 
suffrage on account of race, color, or previous condition of 
servitude, but each State may, if it desires, prescribe qualifi- 
cations for the voter. If a qualification is required by a State, 
it must be uniform and affect white, red, yellow, and black 
people in the same way. 



SUGGESTIVE QUESTIONS. 

Why is it necessary to have the right to amend the Constitution of the 
United States? 

What did Franklin say about the power to amend the Constitution? 

Give the consecutive steps and requirements that must be taken, in amend- 
ing the Constitution of the United States? 

Mention some parts of the Constitution that can not be amended. 

Can a State withdraw its ratification of an amendment? 

How many times has the Constitution been amended? 

Give the date of each. 

How many amendments have been proposed? 

What became of the debts contracted while the government operated under 
the Articles of Confederation and before the framing of the Constitution? 

Give the constitutional authority that justifies your answer. 

Give a statement from the Constitution that shows that State Constitutions 
and laws must harmonize with the national Constitution. 

Why was Article 6, Clause 2, put in the Constitution? 

Why are Senators and Representatives required to take oath to support the 
Constitution? 

How many States did it require to ratify the work of the Constitutional 
Convention? 

What religious privileges are guaranteed to citizens of the United States? 

What did Mr. Storrs say concerning freedom of conscience? 

What is meant by religious liberty? 



THE RIGHT TO AMEND THE CONSTITUTION. 271 

Is it right for each citizen to be permitted to work out a religious belief? 

What did Judge Thomas M. Cooley say concerning religious liberty? 

Why is freedom of speech and press essential in a republic? 

What is said in this chapter concerning freedom of thought and the right 
of assembly and petition? 

What is the militia that is referred to in the second amendment? 

When do the citizens of a State have a right to bear arms? 

Why does the Constitution limit this right at all? 

What was the purpose in making the third amendment? 

Give the purpose of the eighth, ninth, and tenth amendments. 

Repeat that part of the Constitution which abolished slavery in the nation 
and in all countries under its jurisdiction. 

Why was the fourteenth amendment to the Constitution made? 

What is the purpose of the first, third, and fourth sections of the fourteenth 
amendment to the Constitution? 

What is the effect of the fifteenth amendment of the Constitution of the 
United States? 

Can a State discriminate between its citizens in prescribing a voting qualifi- 
cation ? 

QUESTION FOR DEBATE. 

Resolved, That Congress should have the power to amend the Consti- 
tution of the United States. 



CHAPTER XIX. 

STATE AND LOCAL GOVERNMENTS. 

Each State of the American Union has a government of 
many powers. In fact, the State has a right to legislate in all 
matters where control is not granted to the United States or 
prohibited by the Federal Constitution. The powers of the 
Federal Goy eminent are few when compared with the number 
enjoyed by the States. Our forefathers displayed great wisdom 
in creating a central government with sovereign power and in 
making the State Constitution subordinate to the Federal Con- 
stitution. But they, at the same time, displayed equal wisdom 
in leaving to the people of the State the power to exercise those 
rights that naturally belong to the State. President Garfield, in 
writing about State governments, said : "It will not be denied 
that the State government touches the citizen and his interests 
twenty times where the national government touches him once. 
For the peace of our streets and the health of our cities; for the 
administration of justice in nearly all that relates to the security 
of person and property, and the punishment of crime; for the 
education of our children, and the care of unfortunate and de- 
pendent citizens; for the collection and assessment of much the 
larger portion of our direct taxes, and for the proper expendi- 
ture of the same — for all this, and much more, we depend upon 
the honesty and wisdom of our General Assembly (of Ohio), and 
not upon the Congress at Washington." 

It would take several volumes the size of this book to fully 
enumerate and explain the different powers and privileges en- 
joyed by each State of our Federal Union. The most we can 
do is to name without comment a, few of the powers of govern- 
ment that are exercised by the State. All questions that 
concern the relation of private citizens, laws that regulate 
marriage, commercial contracts, principal and agent, belong 
to the State. The work of making criminal statutes for the 



STATE AND LOCAL GOVERNMENTS. 273 

detection and punishment of crime, as well as all matters that 
relate to the control and support of the militia, the building 
and maintenance of roads, the right of suffrage, and the regu- 
lation of State elections, are questions that fall under the 
jurisdiction of the States. The State has great power in the 
making of laws touching the regulation of railroads, banks, 
insurance companies, and other corporations. The Constitu- 
tional Convention wisely left with each State the work of 
educating the people, the care of the defective classes, the in- 
sane, and the paupers. A great system of local governments 
has been created and established under the authority of the 
State. The masses have much more to do with State and local 
governments than with the Federal Government. The questions 
that relate to a wise administration of the State government 
deserve careful consideration. 

The Nature of State Governments. — With the excep- 
tion of the constitutional declaration that it shall have a re- 
publican form of government, every State of the Union has un- 
limited power to establish any form it may desire. Under this 
constitutional restriction, a State would not have a right to 
establish a monarchy or any other form of government that 
would deprive the people of the rights guaranteed to them under 
this enactment. The Federal Government does not only guar- 
antee to each State a republican form of government* but it 
is obligated to see that each State establishes a government of 
this nature. Under certain conditions, it is the duty of the 
Federal Government to protect each State against invasion 
and domestic troubles. 

Similarity of Governments. — You have discovered be- 
fore this time a similarity between national, State, and city 
governments. You have not only been studying the principles 
of the fundamental law of our land, but in studying this law 
you have been also instructed in State and city governments. 
This books treats of five divisions of government, namely, 
divine, soul, national, State, and local. We are impressed at 
this point that it would be an excellent idea for the reader to 
stop and trace the legislative, executive, and judicial lines of 



274 STATE AND LOCAL GOVERNMENTS. 

the chart and observe that the same plan and idea is found in the 
different forms of government. All the States have a supreme 
law known as the constitution. They have a legislative body 
made up of a lower and an upper house. They have an execu- 
tive known as a governor. They have already established a 
system of local governments and have given to each of them 
certain duties and powers to perform. They have a code of 
laws known as the State Statutes, and these laws are enacted 
by the Legislatures of the States. They also have a judicial 
system composed of various courts with prescribed jurisdiction. 
They have worked out a system of assessing and collecting 
local taxes. We have mentioned a few of these leading points 
that the reader may observe the similarity of State and Federal 
Government. The earnest student of government studies State 
and local while studying Federal Government^ and he learns 
much of Federal Government in his studies of local government. 

Study the Nation First. — It is true that there are many 
important details connected with the State and local govern- 
ment that cannot be learned while we study the Federal 
Government, but the faithful reader has already seen the out- 
lines, principles, and nature of State governments in the study 
of the Federal Constitution and its origin. In fact, when a man 
studies himself he beholds a republic, and when he examines 
the fundamental thought or law of a republic he studies State 
and local governments. "It is the nation, therefore, that stands 
out with boldness upon the political background; it is the 
nation that arrests attention and appeals to the imagination." 

State Constitution. — The State Constitution, which is 
the supreme law of the State, springs from the national Con- 
stitution. It is made in the image of the national organic law 
of the land and favors the nation. The principle upon which 
it is built and the power which it contains are expressed and 
implied rights found in the Federal Constitution. It is true 
that there were State constitutions and governments before 
the national Constitution came into operation, and it would 
seem at first thought that the last statement is inaccurate. But 
while we study government it is proper to remember that after 



STATE AND LOCAL GOVERNMENTS. 



275 



the ratification of our Federal Constitution all States were re- 
quired to shape their laws in conformity with and to abide by 
this supreme organic law of the land, which was established 
by the. advice and consent of the different States. This they 
were required to do, even though they w r ere by act of the 
Declaration of Independence in the Union and under State 
constitutions antedating the Federal Constitution. President 
Harrison, in his book, "This Country of Ours," says: "The 
Constitution of the United States is the supreme law, and every 
law of Congress, every State constitution, and every State law 
must be brought to the test of this supreme law, and is valid 
or invalid as it stands, or fails to stand, that test." 

Amendments for State Constitution. — There is a con- 
tinuous change going on in the public and private life of the 
people of a State. £no constitution can be framed at one time 
that will meet all the future demands and real needs of the 
people. A fundamental law that meets the requirements of 
the people to-day is most likely to be inadequate fifty years 
from now. All State constitutions contain provisions for 
changing their constitutions. They also prescribe the way the 
amendments may be made. It would 
be an excellent idea for the reader to 
secure a copy of his State constitu- 
tion and study how an amendment 
may be made and a new constitution 
secured. 

Three Divisions of State Gov- 
ernment.— 1- The Legislature, Legis- 
lative Assembly, or General Assembly 
— the Law-making. 

2. The Governor — the Law-en- 
forcing. 

3. The State Courts — the Law-in- 
terpreting. 

There is no State constitution in 
the Union that has not made provi- 
sions for three departments of govern- 



<s$ 



gfeSai 




STATE STATUTES 




276 STATE AND LOCAL GOVERNMENTS. 

ment. The same principle of checks and balances existing be- 
tween the three divisions of national government is employed 
in all of the State governments. Each department of State 
government is, to a certain degree, dependent on the others. 

Representative and Senatorial Districts. — The States 
are divided into Kepresentative and Senatorial Districts. The 
State Representatives and Senators are elected by the vote of 
the people of the districts. The number of Representative and 
Senatorial Districts depends upon the State constitution and 
laws. 

State Legislatures, — The law-making body of the State 
is variously known in the different States as Legislature, Leg- 
islative Assembly, General Assembly, and General Court. The 
law-making body of each State is composed of an upper and 
lower house. The Senate is the upper house. This is uniform 
in all the States. Representation in the Legislature of the 
State is based upon population. The number of members in 
each legislative body, the length of the legislative session, the 
term of office, and the qualification of Senators and Representa- 
tives, as well as their salary, depend upon the different State 
constitutions and laws. 

Enactment of State Laws. — The rules regulating the 
law-making body of the State are a part of the constitution. 
The methods are similar to those employed by the national 
government, and are similar in the different States, 

The State Executive. — Most of the States vest the su- 
preme executive power in the governor. However, a few give 
this power to the governor, lieutenant governor, and certain 
other officers. Even in the latter case, the governor is regarded 
as the chief executive and is held responsible for the execution 
of the duties of this office. The governor's term of office, his 
salary and executive duties depend upon the constitution and 
the laws of his State. 

A Few of the General Duties of the Chief Execu- 
tive of a State. — The highest duty of a governor is to see 
that the laws of his State are executed. It is his duty to care- 



STATE AND LOCAL GOVERNMENTS. 277 

fully prepare, after thorough investigation and study, a 
message to the Legislature, touching and setting forth the con- 
dition and needs of the State; to fill such vacancies as come 
under his appointing power; to nominate and, with the consent 
of the Senate, appoint certain State officers; to sign all bills 
he approves that have passed the General Assembly, or Legis- 
lature, of the State; to call out the militia to suppress insur- 
rection, repel invasion, and execute the laws of the State; to 
grant pardons and reprieves to convicted criminals when 
proper and right; to call a special session of the Legislature 
wiien necessary, and address a special message to it, setting 
forth the reasons for assembling an extra session. He may, in 
most States, veto a bill. However, he should thoroughly study 
the nature of the bill and be certain that the veto is in the 
interest of all the people. The duties of the governor are not 
exactly the same in the different States. However, a large part 
of their work is of the same nature, and their powers are similar. 
The work assigned each is prescribed in the supreme law of his 
State. 

State Officers. — Most States have the following State 
officers: Governor, lieutenant governor, secretary of State, 
treasurer, auditor, attorney general, commissioner of agricul- 
ture, and superintendent of public instruction. Most of these 
officers are elected by the popular vote of the people of the 
State. 

The Judicial System. — Each State has a complete judi- 
cial system. The leading features of the State judiciary are 
usually set forth by the State constitution. However, in some 
cases, the State Legislature is entrusted with a part of the work 
of organizing State courts. The courts of the different States 
are similar, but are different as to names. Most States have a 
justice's court, a fiscal court, county court, circuit court, and 
supreme court. Some States have a court of appeals, which is 
frequently styled the "supremest court." While the courts in 
the different States go by different names, yet the; jurisdiction 
and nature of each is about the same. The student should 



278 STATE AND LOCAL GOVERNMENTS. 

familiarize himself with the names and the work of each court 
in his own State. 

The Supreme Court. — This is the highest court of the 
State. It sustains the same relation to the State that the 
Federal Supreme Court does to the nation. It holds annual 
sessions at the State capitol. 

Local Governmento — We have already seen that there 
are, in addition to municipal government, three other types of 
local government in the United States. We explained to a 
considerable extent a part of this system of local government 
in the ninth chapter of this book. The three forms of local 
government referred to are: First, the New England type, in 
which the unit of government is the town or township; second, 
the Southern type, in which the unit is the county; and, third, 
the Western type, in which the New England and Southern 
systems are combined. 

The Town or the Township. — The general thought of 
this form of local government is given in the ninth chapter. 
The reader should bear in mind that wherever the town has 
been made the unit of local government, the county is made 
subordinate in matters of general control. It is true, however, 
that the county, even under these conditions, also shares, to 
a certain extent, in the administration of local affairs. Every 
State in the Union has been divided into counties, or parishes; 
and in those sections where the town government prevails, the 
county is divided into towns or townships. 

The County System. — The county is a corporation that 
receives its authority from the State Legislature. Each State in 
the Union is divided into counties. In Louisiana these divisions 
are known as parishes. These local units of the State are 
clothed with certain political, judicial, and administrative 
powers. The people of the county elect their officers to look 
after the business of the county. These officers control the 
county property, collect State and county taxes, direct the 
repairing and building public roads and bridges, look after 
the care of the poor, and superintend all other general local 
matters which concern the affairs and the business of the 



STATE AND LOCAL GOVERNMENTS. 279 

county. The county officers are elected for various terms and 
in different ways in the several States. It would be well for 
the student to be able to name the offices of his county and 
give the duties, qualifications, and term of office of the officers 
elected to fill them. 

The Combined or Western Type.— Mr. Willoughby, 
in speaking of this type of local government in his excellent 
book on the Rights and Duties of American Citizenship, says: 
"Here we find the New England and Southern systems com- 
bined, but combined in' such various degrees as to render 
impracticable any attempt to describe them more particularly. 
In consequence of grants of land by the Federal Government to 
Western States for education, local areas for the administra- 
tion of these funds have been formed. These are called school 
districts. Their boundaries coincide with the boundaries of the 
townships and counties, though a number of school districts 
may be in one county or township." 

Suffrage. — The power of prescribing the qualification of 
the voter belongs to the State. The qualification necessary to 
enjoy this high and sacred privilege is not uniform in the dif- 
ferent States. As a general rule, however, a majority of the 
States requires that voters be male citizens who are twenty-one 
years of age and residents for a certain time of the State in 
which they vote. There are exceptions to this general rule. 
Many laws touching the privilege of suffrage have been enacted 
in the different States. The lack of uniformity in State election 
laws makes it necessary for a citizen going from one State into 
another to study the election laws of that State before he can 
determine whether he would have the privilege of suffrage. A 
few of the States of the American Union have given the women 
the privilege of voting; some require an educational test, while 
others prohibit woman suffrage and make no educational test 
whatever. A few States do not even require that the voters 
be citizens. A few have created a system of registration and 
require specific proof relative to certain points before the citi- 
zen is permitted to vote. All of these matters depend upon the 



280 STATE AND LOCAL GOVERNMENTS. 

State laws, as the State enjoys full power in making election 
laws and in determining who shall vote. 

Voting. — Various laws have been enacted by the different 
States for the purpose of taking and registering votes. The 
control of this question was left with the State, and each Com- 
monwealth of our nation has exercised this power by enacting 
election laws. No uniformity as to the time and place of elect- 
ing State officers exists among the States. Selecting the 
presidential electors, who elect the President and Vice Presi- 
dent of the United States, however, Is uniform in the different 
States. Each State takes this vote the first Tuesday after 
the first Monday in November. Polling places and the methods 
of registering and counting the votes are provided for in the 
election laws. The choice of the people may be ascertained by 
ballot, by voting machines, or by viva voce. A large majority 
of the States have, however, adopted the Australian system of 
balloting. By this system the voter is given a printed ballot 
containing the names of all the candidates to be voted for, and 
he takes this ballot and retires to a booth or a small room 
where he can be alone and vote in perfect secrecy. This ballot 
does not only contain the names of the candidates to be voted 
for, but there is printed on it the emblem of each political 
party. If the citizen desires to vote the "straight ticket," he 
places a mark in the circle or square under the party emblem. 
If he desires to "split" or "scratch" the ticket, he places the 
mark in the small square at the right of the name of each 
candidate for whom he desires to cast his ballot. After he 
has marked his ballot and thereby expressed his choice, he 
folds it before he leaves the booth or room, so that no one can 
see how he has voted, and hands it to the election officer who 
deposits it in the ballot-box. Under this system of balloting 
no one can tell how he voted. The privilege of a person to vote 
may, however, be questioned by certain officers of the election, 
and, in some States, by any citizen. This is usually known as 
"challenging" the privilege to exercise suffrage. When the 
voter's privilege is challenged it is usually required that he 



STATE AND LOCAL GOVERNMENTS. 281 

"swear in his vote;" that is, to take oath that he is, to his best 
knowledge entitled to the privilege of suffrage. 

A great many kinds of laws have been enacted in the 
various States for the punishment of unlawful voting and for 
the violation of election laAvs. Betting on elections in some 
of the States has been prohibited by law. 

ElectioilSo — The States are divided into small districts. 
These districts are created in order to offer a convenient 
method of determining the choice of the people. These districts 
are frequently spoken of in the rural sections as voting pre- 
cincts and in cities as wards. There is a place appointed by 
law in each of the districts where the voters can go on election 
day and cast their votes. Voting is usually done in one day 
between sunrise and sunset. After the polls are closed the 
appointed officers open the ballot-boxes and canvass the votes. 
Most of the States have made it lawful to elect with the plu- 
rality vote. Mr. Young, in his Government Class Book, says: 
"An election by plurality is when the person elected has 
received a higher number of votes than any other, though such 
number be less than half of all the votes given. Suppose, for 
example, three candidates receive 1,000 votes — one receives 
450, another 300, the third 250 votes. The first, having the 
highest number, though not a majority, is elected. In most 
of the States of New England a majority — that is, more than 
one half of all the votes given — is necessary to the election of 
many of the higher officers. The least number of votes out of 
1,000, by which a person can be elected by this rule, is 501.' ? 

State Assessments. — Before there can be a collection of 
taxes, it is necessary to secure a valuation of the property of 
the State. This assessment is made by officers known as asses- 
sors or appraisers, elected by the people of the local government. 
They are, of course, elected under the authority of the State 
laws, as the local government gets all of its authority from the 
State. It is the duty of these officers to; secure a complete and, 
if possible, an accurate valuation of the property of the citizens 
who live within the bounds of his authorized district It some- 
times happens that the property of a certain county is not 



282 STATE AND LOCAL GOVERNMENTS. 

rated at its proper value, and if this were permitted to exist it 
would subject the people of the State to an injustice. In order 
to correct abuses of this nature, most States have created what 
is known as the State board of equalization. It is the duty of 
this board to see that there is an equable, as w^ell as a proper, 
assessment of property and distribution of taxes. Counties and 
cities have also found it necessary to create similar boards in 
order to avoid abuses of the same nature. Many of the States 
have taken the assessment of certain kinds of property, such 
as telegraph and telephone lines and railways, out of the hands 
of assessors, or appraisers, and have created special boards to 
make these assessments. 

Collection of Taxes. — Taxes, as a rule, are collected by 
local officers and not by State officials. County or township 
officers collect the local and State taxes, remit to the State the 
amount of the State assessment, and retain the amount assessed 
for local purposes. 

Finances, — It requires quite a large amount of money to 
conduct the business of a State. Like the national government, 
this money is raised through a system of taxation. Without 
this power the State would be helpless in its work of develop- 
ing local and State affairs. It would have no money to defray 
the expenses of the government and to sustain State institu- 
tions of various kinds. Without this power there could be no 
public school system, no asylums, and no institutions for the 
unfortunate; it could not build canals, open public highways, 
build and maintain public roads, construct bridges, and do 
other necessary work of a public nature. Taxes are usually 
levied on real estate and personal property. Many of the 
States levy a poll tax, and some of them tax "collateral inher- 
itances." Some secure funds through a system of indirect 
taxation. This consists of taxing a particular trade, occupa- 
tion, etc. All States have exempted certain property and 
institutions from taxation. We may name in this list the 
church property, public buildings that are constructed and used 
for the general welfare of the people, and public educational 



STATE AND LOCAL GOVERNMENTS. 283 

and charitable institutions that are run in the interest of char- 
acter-building and good citizenship. 

Education. — Owing to the fact that the perpetuity of our 
republic depends upon an intelligent and righteous citizenship, 
the author devoted the eighth chapter of this book to education. 
We now find that the Federal Government has entrusted the 
education of the people to the State. The State has been 
charged with no duty of more importance than the development 
of an educational system. The progressive State looks closely 
after the education of its subjects. The road that leads to 
power runs through universal education. The public school, 
the graded school, the high school, as well as the higher educa- 
tional institutions of learning, should occupy a prominent 
place in the minds and hearts of the people of a State. The 
nature of the school system, the plan upon which it is operated, 
and the system adopted depend upon State constitutions and 
State laws. Each Commonwealth of our Union has wisely 
given special emphasis to those questions relating to the edu- 
cation of the masses. Each State has wisely decided that 
progress begins with childhood and that a republican form of 
government demands that each State secure the highest order 
of self-control on the part of each of its citizens. 

Administration of Schools. — Most of the States have 
arranged for a board of education and for a State superintend- 
ent of public instruction. It is the duty of these boards and 
officers to take the lead in the development of the educational 
system of the State, to study educational methods, and to 
establish or recommend such things as fall under the jurisdic* 
tion of their office. They usually study the educational cur- 
riculum and recommend such a course of study and such 
changes in the course of study as will secure the best educa- 
tional results. They also prepare the questions for the differeaf 
examinations. In a few of the States these boards and officers 
do most of the work in examining the applicants who desire 
to teach in the different schools. The majority of the States, 
however, have, in addition to the State boards and the Stat? 
superintendent of public instruction, county boards and county 



284 STATE AND LOCAL GOVERNMENTS. 

superintendents. It is the duty of these local educational 
officers to look after the general educational system of the 
county or township in which they preside. The examinations 
of the teachers of their county or township are usually left with 
these local officials. 

The question of education in a republic is one of prime im- 
portance, and the States of our Union are wisely contributing 
much of their best talent and energy, as well as a large amount 
of money, to the educational development of the State. 






SUGGESTIVE QUESTIONS. 

Give some idea of the powers enjoyed by State governments. 

In what way do State and national governments resemble? 

What is the supreme law of the nation? 

What is the supreme law of the State? 

With what great organic law must all State constitutions and laws har- 
monize? Why? 

What would be the result if a State Constitution or law conflicted with the 
national Constitution? 

How are State Constitutions obtained? 

Why is it necessary for them to be capable of amendment? 

Give the usual steps in amending a State Constitution. 

Under how many Constitutions has your State operated? 

Give the date of each. 

Mention a few of the leading amendments that have been made. 

How many departments of State government? Name them. 

What is said about the similarity of governments? 

How are State representatives and senators elected? 

How many representatives and senators in your State? 

What is the name of the law-making department of your State? 

How are State laws made? 

Compare the way laws are made in your State with the way national laws 
are enacted. 

Wherein do they differ? 

Who is the chief executive of your State? 

Name a few of his duties. 

Compare his duties with those of the President of the United States. 

In what way do they resemble? 

What constitutes the judicial department of your State? 

Name the courts of this department. 

Give some idea of the jurisdiction of each. 

What is the name of your highest court? 



STATE AND LOCAL GOVERNMENTS. 285 

Name the leading officers of your State and county government, and tell 

about the term of office and duties of each. 
How many forms of local government are there in the United States? 
IName and tell about each. 
What is meant by suffrage? 

What power has the State in regulating the qualification of voters? 
Give the different methods of voting and explain each. 
What is meant by "challenging" a vote? 
By whom are election laws made? 
What is a plurality vote? 
What is a majority vote? 

How are State assessments of property made? 
What are the duties of a State Board of Equalization? 
Who has control of the education of the people? 
How are the schools of the State managed? 



QUESTION FOR DEBATE. 
Resolved, That there should be an educational qualification for suffrage. 



CHAPTER XX. 

MUNICIPAL GOVERNMENT. 

The Constitution,, — The charter granted by the State, or 
the articles of incorporation secured under the authority of 
the law of the State, is the constitution of municipal govern- 
ment. All American cities receive their form of government 
from the State in which they are located. They have no civil 
power that is not given to them by the State. Originally, each 
city operated its government under a special charter granted 
by the State, but now most of the States have made general 
laws authorizing cities of certain population and density to 
incorporate. State Legislatures, however, enact much special 
legislation for certain cities, and particularly for the larger 
ones. "Some idea of the complexity due to the practice of 
giving special charters to particular cities, or passing special 
bills relating to them, may be gathered from the fact that in 
Ohio, for instance, the duties of the mayor vary greatly in the 
six chief cities of the State. There are duties which a mayor 
has in Cincinnati only, out of all the cities of the State; others 
which he has in all the cities except Cincinnati; others in Cin- 
cinnati and Toledo only ; others in Cleveland, Toledo, Columbus, 
Dayton, and Springlield only; others in Cleveland and Toledo 
only; others in Cleveland only; others in Toledo only; others 
in Columbus and Dayton only. These variations are the result 
not of ordinances made by each city for itself, but of State 
legislation." 

The Functions of City Government. — Mr. Bryce, in his 
admirable work on "The American Commonwealth," makes the 
following analysis of the functions of city government : 

"The functions of city governments may be distributed into 
three groups: (a) Those which are delegated by the Sfate out 
of its general coercive and administrative powers, including the 
police power, the granting of licenses, the execution of laws 
relating to adulteration and explosives; (b) those which, though 



MUNICIPAL GOVERNMENT. 



287 



done under general laws, are properly matters of local charge 
and subject to local regulation, such as education and the care 
of the poor, and (c) those which are not so much of a political 
as of a purely business order, such as the paving and cleansing 
of streets, the maintenance of proper drains, the provision of 
water and light. In respect of the first, and to some extent of 
the second of these groups, the city may be properly deemed a 
political entity; in respect of the third, it is rather to be com- 
pared to a business corporation or company, in which the 
taxpayers are shareholders, doing, through the agency of the 
city officers, things which each might do for himself, though 
with more cost and trouble. All three sets of functions are 
dealt with by American legislation in the same way, and are 
alike given to officials and a legislature elected by persons of 
whom a large part pay no direct taxes." 

The Three Divisions of City Government.— The three 
divisions of city government resemble a "reduced copy of the 
government of the State." The same system and plan embodied 
in the government of the nation and the State is observed in 
municipal government. It has a legislative, an executive, and 
a judicial department: 

1. The Council, or the Council and 
the Board of Aldermen — the Law- 
making. 

2. The Mayor — the Law-enforcing. 



3. The City Court, or City Courts 
—the Law-interpreting. 

The Legislative Department.— 

The council, or the council and the 
board of aldermen, is the law-making 
department of city government. It is 
sometimes composed of a common 
council, while in other cases it con- 
sists of a board of aldermen and a 
common council. The common coun- 
cil is known as the lower house and 
the board of aldermen as the upper 



0\^B111II1I^/^ 




288 MUNICIPAL GOVERNMENT. 

house. The work of the legislature of the city is varied and 
important. The acts of this legislature are known as city 
ordinances or municipal laws. The student should study the 
ordinances passed by the legislature of his city. 

How Elected. — All members of both houses of the city 
legislature are elected by the people. The city is divided into 
wards, and the councilman from each ward is elected by the 
people of his ward. In some cases the members of the upper 
house are elected by the people of districts, or "on what is 
called the 'general ticket;' i. e., a vote over the wmole city." 
With but few exceptions, the members of the city legislature 
do not receive any salary for services rendered. They hold 
office for different terms. The time each holds office depends 
mainly upon the constitution under which the government is 
operated. 

The Judicial Department. — The city court, or courts, is 
the judicial department of municipal government. Some cities 
have no police court. In this case, the mayor holds the court. 
This, however, is the exception. Almost every municipal gov- 
ernment has a city court. It sometimes happens that large 
cities have a complete system of courts. But this, of course, 
is an exception to the rule. One is justified in speaking of the 
city court as a judicial division of municipal government. The 
jurisdiction of this court is defined by constitutions and by 
laws. 

The Administration of City Government.— The plan by 
which the practical work of the government is carried on 
depends largely upon the nature of the charter under which 
the government is operated and the State laws and city ordi- 
nances enacted for the government of the particular city. In 
many cities the work is done by boards, or commissions, created 
for that purpose. Some of these boards, and commissions are 
elected by the people and hold office for various terms; others 
are chosen by the city legislature, and some are appointed by 
the mayor with the consent of the legislature. 

Education. — In most cases the education of the people of 
the city has been separate from the government of the city. 



MUNICIPAL GOVERNMENT. 289 

It has been made a distinct affair. The mayor and legislature 
have nothing to do with it. This highly important work is 
usually entrusted to a board of education which is, as a rule, 
elected by the people, but in some cases appointed by the mayor. 
In a very few cases the board is elected by the city legislature. 
These boards are empowered with such rights and privileges 
as will guarantee a proper, just, and effective administration 
of the school system of the city. 

The Executive Departments — The mayor is the executive 
of the city. He is the most important officer of the city gov- 
ernment. He is elected by the people of the whole city. His 
term of office ranges from one to five years and his salary from 
a small amount up to ten thousand dollars per year. It is his 
duty to study the condition of the city over which he presides, 
report the same to the city legislature, and make such recom- 
mendations as he may deem proper and expedient. It is his 
duty to provide for the public peace, see that the laws are 
executed, and that the city is kept in a neat and healthful 
condition. The mayor of almost every city has power to veto 
ordinances. However, in most cases, they may be passed with- 
out his consent by a two-thirds vote of the city legislature. The 
mayor of many cities is aided by officers who do executive work 
of great importance. Yet, the public universally looks to the 
mayor as the chief executive of the city government and holds, 
him responsible for the administration of municipal affairs. 

The Relation of City and State Government.— You have 
learned before now that the city government is a creature of the 
State government, and that State governments are organic 
parts of our national government. The city government is 
limited by the powers conferred on it by the State constitution 
and State laws. City ordinances are subject to the State con- 
stitution and laws. A State has the right to delegate certain 
powers to other forms of government, while the city government 
has no such right. In fact, the State government enjoys many 
powers not specifically enumerated in the national constitution 
and laws. A multiplicity of rights spring from the implied 
powers of a State. 



290 MUNICIPAL GOVERNMENT. 



QUESTIONS. 

What is the constitution of municipal government? 

How does a city secure this law which gives its people a government? 

From what do all American cities receive their charters, or constitutions? 

Give the general functions of city government. 

How many departments of city government? Name them. 

Explain the legislative department. 

What are the laws usually enacted by this department called? 

How are the members of the legislative department elected? 

What constitutes the judicial department? 

What is the general plan usually adopted in order to properly administer 

city government? 
Name a few of the general boards, commissioners, etc., of some city you 

have in your State. 
How is the public educational system of a city usually managed? 
Who is the chief executive of a city? 
Give his duties. 
Compare the nature of his work with the work of the President and the 

governor. 
In what way do they resemble? 
Give briefly the difference between the powers of the city and the State 

governments. 



QUESTION FOR DEBATE. 

Resolved, That a public library should be supported in every city by 
uniform taxation of the people of that city. 



APPENDIX. 



Documents Showing the Steps that led to Enactment 
of the Federal Constitution. 



1620— THE MAYFLOWER COMPACT— 1620. 

This Compact was signed by the 41 members of the Pilgrim Company 
while on board the Mayflower, December 11, 1620. 

, In ye name of God, Amen; We, whose names are underwritten, ye 
loyall subjects of our dread soveraigne, King James, by ye grace of God, 
of Great Britaine, France, and Ireland King, defender of ye faith, etc., 
haveing undertaken, for ye glorie of God, and advancemente of ye Christian 
faith and honor of our king and countrie, a voyage 1?o plant ye first colonie in 
ye Northerne parts of Virginia, doe, by these presents, solemnly and 
mutually, in ye presence of God, and one of another, covenant and com- 
bine ourselves together into a civil body politick, for our better ordering 
and preservation and furtherance of ye ends aforesaid; and, by vertue 
heareof, to enacte, constitute, and frame, such just and equall laws, orde- 
nances, most meete and convenient for ye general good of ye Colonie. 
Unto which we promise all due submission and obedience. In witnes 
whereof we have hereunder subscribed our names, at Cape Cod, ye 11th 
of November, in ye year of ye raigne of our sovereigne lord, King James, 
of England, France, and Ireland ye eighteenth, and of Scotland ye fifty- 
fourth, Anno Domini, 1620. 

1643— THE NEW ENGLAND CONFEDERATION— 1643. 

Betweene the plantations vnder the Gouerment of the Massachusetts, 
the Plantacons vnder the Gouerment of New Plymouth, the Plantaconsj 
vnder the Gouerment of Connectacutt, and the Gouerment of New Haven 
with the Plantacons in combinacon therewith. 

Whereas, wee all came into these parts of America with one and the 
same end and ayme, namely, to advaunce the kingdome of our Lord Jesus 
Christ, and to enjoy the liberties of the Gospell in puritie with peace. And 



292 APPENDIX. 

whereas in our settleinge (by a wise Providence of God) we are further 
dispersed vpon the Sea Coasts and Riuers then was at first intended, so that 
we cannot according to our desire, with convenience, communicate in one 
Gouerment and Jurisdiccon. And whereas we live encompassed with people 
of seuerall Nations and Strang languages which heareafter may proue injuri- 
ous to vs or our posteritie. And forasmuch as the Natives have formerly 
committed sondry insolences and outrages vpon seueral Plantacons of the 
English and have of late combined themselues against vs. And seeing by 
Teason of those sad Distraccons in England, which they have heard of, and 
by which they know we are hindred from that humble way of seekinge 
advise or reapeing those comfortable fruits of protection which at other 
tymes we might well expecte. Wee therefore doe conceiue it our bounden 
Dutye without delay to enter into a present consotiation amongst ourselues 
for mutual help and strength in all our future concernements: That as in 
Nation and Religion, so in other Respects we bee and continue one accord- 
ing to the tenor and true meaninge of the ensuing Articles: Wherefore it 
is fully agreed and concluded by and betweene the parties or Jurisdiccons 
aboue named, and they joyntly and seuerally doe by^these presents agreed 
and concluded that they all be, and henceforth bee called by the Name of 
the United Colonies of New England. 

II. The said United Colonies, for themselues and their posterities, do 
joyntly and seuerally, hereby enter into a firme and perpetuall league of 
friendship and amytie, for offence and defence, mutuall advise and succour, 
vpon all just occations, both for preserueing and propagating the truth and 
liberties of the Gospel, and for their owne mutuall safety and wellfare. 

III. It is further agreed That the Plantacons which at present are or 
hereafter shalbe settled within the limmetts of the Massachusetts, shalbe 
forever vnder the Massachusetts, and shall have peculiar Jurisdiccon among 
themselues in all cases as an entire Body, and that Plymouth, Conneckta- 
cutt, and New Haven shall eich of them haue like peculier Jurisdiccon and 
Gouerment within their limmetts and in referrence to the Plantacons which 
already are settled or shall hereafter be erected or shall settle within their 
limmetts respectiuely; prouided that no other Jurisdiccon shall hereafter 
be taken in as a distinct head or member of this Confederacon, nor shall 
any other Plantacon or Jurisdiccon in present being and not already in 
combynacon or vnder the Jurisdiction of any of these Confederats be re- 
ceived by any of them, nor shall any two of the Confederats joyne in one 
Jurisdiccon without consent of the rest, which consent to be interpreted as 
is expressed in the sixth Article ensuinge. 

IV. It is by these Confederats agreed that the charge of all just warrs, 
whether offensiue or defensiue, upon what part or member of this Confed- 
eraccon soever they fall, shall both in men and provisions and all other 
Disbursements, be borne by all the parts of this Confederacon, in different 
proporcons according to their different abilitie, in manner following, namely, 






APPENDIX. 293 

that the Commissioners for eich Jurisdiccon from tyme to tyme, as there 
shalbe occation, bring a true account and number of all the males in every 
plantacon, or any way belonging to, or under their seuerall Jurisdiccons,. 
of what quality or condicion soeuer they bee, from sixteene yeares old to 
threescore, being Inhabitants there. And That according to the different 
numbers which from tyme to tye shalbe found in eich Jurisdiccon, upon a 
true and just account, the service of men and all charges of the warr bs 
borne by the Poll: Eich Jurisdiccon, or Plantacon, being left to their 
owne just course and custome of rating themselues and people according 
to their different estates, with due respects to their qualities and exemptions 
among themselues, though the Conf ederacon take no notice of any such 
priviledg: And that according to their different charge of eich Jurisdic- 
con and Plantacon, the whole advantage of the warr (if it please God to 
bless their Endeavors) whether it be in lands, goods or persons, shall be 
proportionably deuided among the said Confederats. 

V. It is further agreed That if any of these Jurisdiccons, or any Planta- 
cons vnder it, or in any combynacon with them be envaded by any enemie 
whomsoeuer, upon notice and request of any three majestrats of that Juris- 
diccon so invaded, the rest of the Confederates without any further meeting 
or expostulacon, shall forthwith send ayde to the Confederate in danger, 
but in different proporcons, namely, the Massachusetts an hundred men 
sufficiently armed and prouided for such a service and journey, and eich of 
the rest fourty-fiue so armed and provided, or any lesse number, if lesse be 
required, according to this proporcon. But if such Confederate, in danger 
may be supplyed by their next Confederate, not exceeding the number here- 
by agreed, they may craue help there, and seeke no further for the present. 
The charge to be borne as in this Article is exprest: And, at the returne, 
to be victualled and sapplyed with poder and shott for their journey (if 
there be neede) by that Jurisdiccon which employed or sent for them: But 
none of the Jurisdiccons to exceed these numbers till by a meeting of the 
Commissioners for this Confederacon a greater ayd appeare necessary. And 
this proporcon to continue, till upon knowledge of greater numbers in eich 
Jurisdiccon which shalbe brought to the next meeting some other proporcon 
be ordered. But in any such case of sending men for present ayd whether 
before or after such order or alteracon, it is agreed that at the meeting of 
the Commissioners for this Confederacon, the cause of such warr or invasion 
be duly considered: And if it appeare that the fault lay in the parties so 
invaded, that then that Jurisdiccon or Plantacon make just Satisfaccon, both 
to the Invaders who they have injued, and beare all the charges of the warr 
themselves without requiring any allowance from the rest of the Con- 
federats towards the same. And further, that if any Jurisdiccon see any 
danger of any Invasion approaching, and there be tyme for a meeting, that 
in such case three majestrats of that Jurisdiccon may summon a meeting 
at such convenyent place themselues shall think meete, to consider 



294 APPENDIX. 

and provide against the threatned danger, Provided when they are met they 
may remoue to what place they please. Onely whilst any of these foure 
Confederats have but three majestrats in their Jurisdiocon, their request 
or summons from any two of them shalbe accounted of equall force with the 
three mentoned in both the clauses of this Article, till there be an increase 
of majestrats there. , 

VI. It is also agreed that for the managing and concluding of all af- 
fairs proper and concerning the whole Confederation two Commissioners 
shalbe chosen by and out of eich of these foure Jurisdiccons, namely, two 

• for the Mattachusetts, two for Plymouth, two for Connectacutt and two for 
New Haven; being all in Church fellowship with us, which shall bring full 
power from their seurall generall Courts respectively to heare, examine, 
weigh and determine all affairs of our warr or peace, leagues, ayds, charges 
and numbers of men for warr, divission of spoyles and whatsoever is got- 
ten by conquest, receiueing of more Confederats for plantacons into combi- 
nacon with any of the Confederates, and all things of like nature, which 
are the proper concomitants or consequence of such a confederacon, for 
amytie, offence and defence, not intermeddleing with the gouernment of 
any of the Jurisdiccons which by the third Article is preserued entirely to 
themselves. But if these eight Commissioners, when they meete, shall 
not all agree, yet it is concluded that any six of the eight agreeing shall 
liave power to settle and determine the business in question: But if six do 
not agree, that then such proposicons with their reasons, so farr as they 
liave beene debated, be sent and referred to the foure generall Courts, 
vizt, the Mattachusetts, Plymouth, Connectacutt, and New Haven: And 
if at all the said Generall Courts the business so referred be concluded, 
then to bee prosecuted by the Confederates and all their members. It is 
further agreed that these eight Commissioners shall meete once every 
yeare, besides extraordinary meetings (according to the fift Article) to con- 
sider, treate and conclude of all affaires belonging to this Confederacon. 
which meeting shall ever be the first Thursday in September. And that 
the next meeting after the date of these presents, which shalbe accounted 
the second meeting, shalbe at Bostone in the Massachusetts, the third at 
Hartford, the fourth at New Haven, the fift at Plymouth, the sixt and 
seaventh at Bostone. And then Hartford, New Haven and Plymouth, and 
so in course successiuely, if in the meane tyme some middle place be not 
found out and agreed on which may be commodious for all the jurisdiccons. 

VII. It is further agreed that at eich meeting of these eight Commis- 
sioners, whether ordinary or extraordinary, they, or six of them agreeing 
as before, may choose their President out of themselues, whose office and 
worke shalbe to take care and direct for order and a comely carrying on 
of all proceedings in the present meeting. But he shalbe invested with 
no such power or respect as by which he shall hinder the propounding or 



APPENDIX. 295 

progresse of any businesse, or any way cast the Scales, otherwise than in 
the precedent Article is agreed. 

VIII. It is also agreed that the Commissioners for this Confederacon 
hereafter at. their meetings, whether ordinary or extraordinary, as they may 
have commission or opertunitie, do endeavoure to frame and establish agree- 
ments and orders in generall cases of a civill nature wherein all the plan* 
tacons are interested for preserving peace among themselues, and pre- 
venting as much as may bee all occations of warr or difference with others, 
as about the free and speedy passage of Justice in every Jurisdiccon, to 
all the Confederats equally as their owne, receiving those that remoue from 
one plantacon to another without due certefycats; how all the Jurisdiccons 
may carry it towards the Indians, that they neither grow insolent nor be 
injured without due satisfaccon, lest warr break in vpon the Confederates 
through such miscarryage. It is also agreed that if any servant runn away 
from his master into any other of these confederated Jurisdiccons, That 
in such Case, vpon the Certyficate of one Magistrate in the Jurisdiccon out 
of which the said servant fled, or upon other due proofe, the said servant 
shalbe deliuered either to his Master or any other that pursues and brings 
such Certificate or proofe. And that vpon the escape of any prisoner what- 
soever or fugitiue for any criminal cause, whether breaking prison or getting 
from the officer or otherwise escaping, upon the certificate of two Majis- 
trats of the Jurisdiccon out of which the escape is made that he was a 
prisoner or such an offender at the tyme of the escape. The Majestrates 
or some of them of that Jurisdiccon where for the present the said prisoner 
or fugitive abideth shall forthwith graunt such a warrant as the case will 
beare for the apprehending of any such person, and the delivery of him 
into the hands of the officer or other person that pursues him. And if there 
be help required for the safe returneing of any such offender, then it shalbe 
graunted to him that craves the same, he paying the charges thereof. 

IX. And for that the justest warrs may be of dangerous consequence, 
espetially to the smaler plantacons in these vnited Colonies, it is agreed 
that neither the Massachusetts, Plymouth, Connectacutt nor New Haven, 
nor any of the members of any of them shall at any tyme hereafter begin,- 
undertake, or engage themselues or this Confederacon, or any part thereof 
in any warr whatsoever (sudden exegents with the necessary consequents 
thereof excepted) which are also to be moderated as much as the case will 
permit, without the consent and agreement of the forenamed eight Com- 
missioners, or at least six of them, as in the sixt Article is provided: And 
that no charge be required of any of the Confederats in case of a defensiue 
warr till the said Commissioners haue mett and approued the justice of the 
warr, and have agreed vpon the sum of money to be levyed. which sum is 
then to be payd by the severall Confederates in proporcon according to the 
fourth Article. 

X. That in extraordinary occations when meetings are summoned by 



296 APPENDIX. 

three Majistrats of any Jurisdiccon, or two as in the fift Article, If any of 
the Commissioners come not, due warneing being given or sent, It is agreed 
that foure of the Commissioners shall have power to direct a warr which 
can not be delayed and to send for due proporcons of men out of eich Juris- 
diccon, as well as six might doe if all mett; but not less than six shall 
determine the justice of the warr or allow the demaunde of bills of charges 
or cause any levies to be made for the same. 

XI. It is further agreed that if any of the Confederates shall hereafter 
break any of these present Articles, or be any other wayes injurious to any 
one of thother Jurisdiccons, such breach of Agreement, or injurie, shalbe 
duly considered and ordered by the Commissioners for thother Jurisdiccons, 
that both peace and this present Confederacon may be entirely preserued 
without violation. 

XII. Lastly, this perpetuall Confederacon and the seueral Articles and 
Agreements thereof being read and seriously considered, both by the Gen- 
erall Court for the Massachusetts, and by the Commissioners for Plymouth, 
Connectacutt and New Haven, were fully allowed and confirmed by three 
of the forenamed Confederates, namely, the Massachusetts, Connectacutt 
and New-Haven, Onely the Commissioners for Plymouth, having no Com- 
mission to conclude, desired respite till they might advise with their .Gen- 
erall Court, wherevpon it was agreed and concluded by the said court of the 
Massachusetts, and the Commissioners for the other two Confederates, 
That if Plymouth Consent, then the whole treaty as it stands in these pres- 
ent articles is and shall continue firme and stable without alteracon: But 
if Plymouth come not in, yet the other three Confederates doe by these 
presents confirme the whole Confederacon and all the articles thereof, 
onely, in September next, when the second meeting of the Commissioners 
is to be at Bostone, new conslderacon may be taken of the sixt Article, 
which concernes number of Commissioners for meeting and concluding the 
affaires of this Confederacon to the satisfaccon of the court of the Massa- 
chusetts, and the Commissioners for thother two Confederates, but the rest 
to stand vnquestioned. 

In testymony whereof, the Generall Court of the Massachusetts by their 
Secretary, and for the Commissioners Connectacutt and New-Haven haue 
subscribed these presente articles, this sixth of the third month, commonly 
called May, Anno Domini 1643. 

At a Meeting of the Commissioners for the Confederacon, held at Bos- 
ton, the Seaventh of September. It appearing that the General Court of 
New Plymouth, and the severall Towneships thereof have read, considered 
and approued these articles of Confederation, as appeareth by Commission 
from their Generall Court beareing Date the xxixth of August, 1643, to Mr. 
Edward Winslowe and Mr. Will Collyer, to ratifye and confirm the same on 
their behalf, wee, therefore, the Commissioners for the Mattachusetts, 



APPENDIX. 297 

Conecktacutt and New Haven, doe also for our seuerall Gouernments, sub- 
scribe vnto them. 

John Winthrop, Governor of Massachusetts. 

Tho. Dudley. Theoph. Eaton. 

Geo. Fenwick. Edwa. Hopkins. 

Thomas Greg son. 
MSC. 

1C97— PENN'S PLAN OF UNION— 1697. 

A Briefe and Plaine Scheme how the English Colonies in the North 
parts of America, viz.: Boston, Connecticut, Rhode Island, New York, New 
Jersey, Pennsylvania, Maryland, Virginia, and Carolina may be made more 
usefule to the Crowne, and one another's peace and safety with an universal 
concurrence. 

1st. That the severall Colonies before mentioned do meet once a year, 
and, oftener if need be, during the war, and at least once in two years in 
times of peace, by their stated and appointed Deputies, to debate and re- 
solve of such measures as are most advisable for their better understanding, 
and the public tranquillity and safety. 

2d. That in order to it two persons well qualified for sense, sobriety, 
and substance be appointed by each Province, as their Representatives or 
Deputies, which in the whole make the Congress to consist of twenty per- 
sons. 

3d. That the King's Commissioner for that purpose specially appointed 
shall have the chaire and preside in the said Congresse. 

4th. That they shall meet as near as conveniently may be to the most 
centrale Colony for use of the Deputies. 

5th. Since that may in all probability be New York, both because it is 
near the Center of the Colonies and for that it is a Frontier and in the 
King's nomination, the Gouv. of that Colony may therefore also be the King's 
High Commissioner during the session after the manner of Scotland. 

6th. That their business shall be to hear and adjust all matters of Com- 
plaint or difference between Province and Province. As, 1st, where persons 
quit their own Province and goe to another, that they may avoid their just 
debts, tho they be able to pay them; 2nd, where offenders fly Justice, or 
Justice can not well be had upon such offenders in the Provinces that enter- 
taine them; 3dly, to prevent or cure injuries in point of Commerce; 4th. 
to consider of ways and means to support the union and safety of these 
Provinces against the publick enemies. In which Congresse the Quotas of 
men and charges will be much easier, and more equally sett, then it is possi- 
ble for any establishment made here to do; for the Provinces knowing their 
own condition and one another's, can debate that matter with more free- 



298 APPENDIX. 

dome and satisfaction and better adjust and balance their affairs in all re- 
spects for their common safety. 

71y. That in times of war the King's High Commissioner shall be Gen- 
erall or Chief Commander of the severall Quotas upon service against a 
common enemy as he shall be advised, for the good and benefit of the 
whole. 



1754— FRANKLIN'S PLAN OF UNION— 1754. 

It is proposed that humble application be made for an act of Parliament 
of Great Britain, by virtue of which one general government may be formed 
in America, including all the said colonies, within and under which govern- 
ment each Colony may retain its present constitution, except in the particu- 
lars wherein a change may be directed oy the said act, as hereafter follows. 

PRESIDENT-GENERAL AND GRAND COUNCIL. 

That the said general government be administered by a President-Gen- 
eral, to be appointed and supported by the Crown; and a Grand Council, to 
be chosen by the representatives of the people of the several Colonies met 
in their respective assemblies. 

ELECTION OF MEMBERS. 

That within months after the passing such act, the House 

of Representatives that happens to be sitting within that time, or that shall 
be especially for that purpose convened, may and shall choose members for 
the Grand Council, in the following proportion, that is to say: 

Massachusetts Bay 7 New Hampshire 2 

Connecticut 5 Rhode Island 2 

New York 4 New Jersey 3 

Pennsylvania 6 Maryland 4 

Virginia 7 North Carolina 4 

South Carolina 4 — 

— 15 

33 — 

Total 48 



PLACE OF FIRST MEETING. 

who shall meet for the first time at the City of Philadelphia, 

in Pennsylvania, being called by the President-General as soon as conven- 
iently may be after his appointment. 



APPENDIX. 299 

NEW ELECTION. 

That there shall be a new election of the members of the Grand Council 
every three years; and, on the death or resignation of any member, his 
place should be supplied by a new choice at the next sitting of the Assembly 
of the Colony he represented. 

PKOPOBTION OF MEMBEES AFTER THE FIRST THREE YEARS. 

That after the first three years, when the proportion of money arising 
out of each Colony to the general treasury can be known, the number of 
members to be chosen for each Colony shall from time to time, in all en- 
suing elections, be regulated -by that proportion, yet so as that the number to 
be chosen by any one Province be not more than seven, nor less than two. 

MEETINGS OF THE GRAND COUNCIL AND CALL. 

That the Grand Council shall meet once in every year, and oftener, if 
occasion require, at such time and place as they shall adjourn to at the last 
preceding meeting, or as they shall be called to meet at by the President- 
General on any emergency, he having first obtained in writing the consent 
of seven of the members to such call, and sent due and timely notice to the 
whole. 

CONTINUANCE. 

That the Grand Council shall have power to choose their Speaker; and shall 
neither be dissolved, prorogued, nor continued sitting longer than six weeks 
at one time, without their own consent or the special command of the Crown. 

members' allowance. 

That the members of the Grand Council shall be allowed for their 
service ten shillings sterling per diem, during their session and journey to 
and from the place of meeting, twenty miles to be reckoned a day's journey. 

ASSENT OF PKESIDE^T-GENERAL AND HIS DUTY. 

That the assent of the President-General be requisite to all acts of the 
Grand Council, and that it be his office and duty to cause them to be carried 
into execution. 

POWER OF THE PRESIDENT-GENERAL AND GRAND COUNCIL; TREATIES OF PEACE 

AND WAR. 

That the President-General, with the advice of the Grand Council, hold 
or direct all Indian treaties, in which the general interest of the Colonies 
may be concerned; and make peace or declare war with Indian nations. 



300 APPENDIX. 

INDIAN TRADE. 

That they make such laws as they judge necessary for regulating all 
Indian trade. 

INDIAN PURCHASES. 

That they make all purchases from Indians, for the Crown, of lands 
not now within the bounds of particular Colonies, or that shall not be within 
their bounds when some of them are reduced to more convenient dimen- 
sions. 

NEW SETTLEMENTS. 

That they make new settlements on such purchases, by granting lands 
in the King's name, reserving a quit-rent to the Crown for the use of the 
general treasury. 

LAWS TO GOVERN THEM. 

That they make laws for regulating and governing such new settlements 
till the Crown shall think fit to form them into particular governments. 

RAISE SOLDIERS AND EQUIP VESSELS, ETC. 

That they raise and pay soldiers and build forts for the defense of any 
of the Colonies, and equip vessels of force to guard the coasts and protect 
the trade on the ocean, lakes, or great rivers; but they shall not impress 
men in any Colony without the consent of the legislature. 

POWER TO MAKE LAWS, LAY DUTIES, ETC. 

That for these purposes they have power to make laws, and lay and 
levy such general duties, imposts, or taxes, as to them shall appear most 
equal and just (considering the ability and other circumstances of the inhabi- 
tants in the several Colonies), and such as may be collected with the least 
inconvenience to the people; rather discouraging luxury than loading indus- 
try with unnecessary burdens. 

GENERAL TREASURER AND Pi&TICULAR TREASURER. 

That they may appoint a General Treasurer and Particular Treasurer 
in each government when necessary; and from time to time, may order the 
sums in the treasuries of each government into the general treasury or 
draw on them for special payments, as they find most convenient. 

MONEY, HOW TO ISSUE. 

Yet no money to issue but by joint orders of the President-General and 
Grand Council, except where sums have been appointed to particular pur- 



APPENDIX. 301 

poses, and the President-General is previously empowered by ail act to draw 
such sums. 

ACCOUNTS. 

That the general accounts shall be yearly settled and reported to the 

several Assemblies. 

QUORUM. 

That a quorum of the Grand Council, empowered to act with the Presi- 
dent-General, do consist of twenty-five members; among whom there shall be 
one or more from a majority of the Colonies. 

LAWS TO BE TRANSMITTED. 

That the laws made by them for the purposes aforesaid shall not be 
repugnant, but, as near as may be, agreeable to the laws of England, and 
shall be transmitted to the King in Council for approbation, as soon as may 
be after their passing; and if not disapproved within three years after pre- 
sentation, to remain in force. 

DEATH OF THE PRESIDENT-GE'NERAL. 

That, in case of the death of the President-General, the Speaker of the 
Grand Council for the time being shall succeed, and be vested with the 
same powers and authorities, to continue till the King's pleasure be known. 

OFFICERS, HOW APPOINTED. 

That all military commission officers, whether for land or sea service, 
to act under this general constitution, shall be nominated by the President- 
General; but the approbation of the Grand Council is to be obtained, before 
they receive their commissions. And all civil officers are to be nominated by 
the Grand Council, and to receive the President-General's approbation before 
they officiate. 

VACANCIES, HOW SUPPLIED. 

But in case of vacancy by death or removal of any officer, civil or 
military, under this constitution, the Governor of the Province in which 
such vacancy happens may appoint, till the pleasure of the President-Gen- 
eral and Grand Council can be known. 

EACH COLONY MAY DEFEND ITSELF IN EMERGENCY, ETC. 

That the particular military as well as civil establishments in each 
Colony remain in their present state, the general constitution notwithstand- 
ing; and that on sudden emergencies any Colony may defend itself, and lay 



302 APPENDIX. 

the accounts of expense thence arising before the President-General and 
General Council, who may allow and order payment of the same, as far as 
they judge such accounts just and reasonable. 

1765— DECLARATION OP RIGHTS— 1765. 

The Congress, upon mature deliberation, agreed to the following decla- 
rations of the rights and grievances of the colonists in America: 

The members of this -congress, sincerely devoted, with the warmest 
sentiments of affection and duty, to His Majesty's person and government, 
inviolably attached to the present happy establishment of the Protestant 
succession, and with minds deeply impressed by a sense of the present and 
impending misfortunes of the British colonies on this continent; having con- 
sidered as maturely as time will permit, the circumstances of the said colo- 
nies, esteem it our indispensable duty to make the following declarations of 
our humble opinion respecting the most essential rights and liberties of 
the colonists and of the grievances under which they labor by reason of the 
several late acts of Parliament. 

1. That His Majesty's subjects in these colonies, owe the same allegi- 
ance to the crown of Great Britain, that is owing from his subjects born 
within the realm; and all due subordination to that august body, the Parlia- 
ment of Great Britain. 

2. That His Majesty's liege subjects, in these colonies, are entitled to 
all the inherent rights and liberties of his natural born subjects within the 
kingdom of Great Britain. 

3. That it is inseparably essential to the freedom of a people, and the 
undoubted right of Englishmen, that no taxes be imposed on them but with 
their own consent, given personally, or by their representatives. 

4. That the people of these colonies are not, and from their local cir- 
cumstances cannot be, represented in the House of Commons, in Great 
Britain. 

5. That the only representatives of the people of these colonies, are 
persons chosen therein by themselves; and that no taxes ever have been, 
or can be constitutionally imposed on them, but by their respective legisla- 
tures. 

6. That all supplies to .the crown, being the free gifts of the people, it is 
unreasonable and inconsistent with the principles and spirit of the British 
constitution, for the people of Great Britain to grant to His Majesty, the 
property of the colonists. 

7. That trial by jury is the inherent and invaluable right of every 
British subject in these colonies. 

8. That the late act of Parliament, entitled "An act for granting and 
applying certain stamp duties, and other duties in the British colonies and 



APPENDIX. 303 

plantations, in America," etc., by imposing taxes on the inhabitants of 
these colonies, and the said act, and several other acts, by extending the 
jurisdiction of the courts of admiralty beyond its ancient limits, have a 
manifest tendency to subvert the rights and liberties of the colonists. 

9. That the duties imposed by several late acts of Parliament, from the 
peculiar circumstances of these colonies, will be extremely burthensome 
and grievous, and from the scarcity of specie, the payment of them abso- 
lutely impracticable. 

10. That as the profits of the trade of these colonies ultimately center 
in Great Britain, to pay for the manufactures which they are obliged to 
take from thence, they eventually contribute very largely to all supplies 
granted there to the crown. 

11. That the restrictions imposed by several late acts of Parliament on 
the trade of these colonies, will render them unable to purchase the manu- 
factures of Great Britain. 

12. That the increase, prosperity, and happiness of these colonies de- 
pend on the full and free enjoyments of their rights and liberties, and an 
intercourse with Great Britain, mutually affectionate and advantageous. 

13. That it is the right of the British subjects in these colonies to pe- 
tition the King, or either house of Parliament. 

Lastly. That it is the indispensable duty of these colonies, to the 
best of sovereigns, to the mother country, and to themselves, to endeavour 
by a loyal and dutiful address to His Majesty, and humble applications to 
both houses of Parliament, to procure the repeal of the act for granting 
and applying certain stamp duties, of all clauses of any other acts of Parlia- 
ment, whereby the jurisdiction of the admiralty is extended, as aforesaid, 
and of the other late acts for the restriction of American commerce. 

1774— DECLARATION OF RIGHTS— 1774. 

Whereas, since the close of the last war, the British Parliament claim- 
ing a power of right, to bind the people of America by statutes in all cases 
whatsoever, hath, in some acts, expressly imposed taxes on them, and in 
others, under various pretences, but in fact for the purpose of raising a reve- 
nue, hath imposed rates and duties payable in these colonies, established a 
board of commissioners, with unconstitutional powers, and extended the 
jurisdiction of courts of admiralty, not only for collecting the said duties. 
but for the trial of causes merely arising within the body of a county. 

And, whereas, in consequence of other statutes, judges, who before 
held only estates at will in their offices, have been made dependent on the 
crown alone for their salaries, and standing armies kept in time of peace: 
And, whereas, it has lately been resolved in parliament, that by force of a 
statute, made in the thirty-fifth year of the reign of King Henry the Eighth, 
colonists may be transported to England, and tried there upon accusations 



304 APPENDIX. 

for treasons, and misprisions, or concealments of treasons committed in 
the colonies, and by a late statute, such trials have been directed in cases 
therein mentioned. 

And, whereas, in the last session of parliament, three statutes were 
made; one, entitled "An act to discontinue, in such manner, and for such 
time as are therein mentioned, the landing and discharging, lading or 
shipping of goods, wares and merchandise, at the town, and within the 
harbour of Boston, in the province of Massachusetts Bay, in North Amer- 
ica;" another, entitled "An act for the better regulating the government of 
the province of Massachusetts Bay in New England;" and another, entitled 
"An act for the impartial administration of justice, in the cases of persons 
questioned for any act done by them in the execution of the law, or for the 
suppression of riots and tumults, in the province of Massachusetts Bay in 
New England;" and another statute was then made, "for making more effect- 
ual provision for the government of the province of Quebec," etc. All which 
statutes are impolitic, unjust, and cruel, as well as unconstitutional, and 
most dangerous and destructive of American rights. 

And, whereas, assemblies have been frequently dissolved, contrary to 
the rights of the people, when they attempted to deliberate on grievances, 
asid their dutiful, humble, loyal, and reasonable petitions to the crown for 
redress, have been repeatedly treated with contempt by His Majesty's 
ministers of state: 

The good people of the several colonies of New Hampshire, Massa* 
chusetts Bay, Rhode Island and Providence Plantations, Connecti-cut, New 
York, New Jersey, Pennsylvania, New Castle, Kent and Sussex, on Delaware, 
Maryland, Virginia, North Carolina and South Carolina justly alarmed at 
these arbitrary proceedings of parliament and administration, have severally 
elected, constituted and appointed deputies to meet, and sit in General Con- 
gress, in the city of Philadelphia, in order to obtain such establishment, 
as that their religion, laws, and liberties, may not be subverted. Where- 
upon the deputies so appointed being now assembled, in a full and free 
representation of these colonies, taking into their most serious considera- 
tion, the best means of attaining the ends aforesaid, do, in the first place, 
as Englishmen, their ancestors in like cases have usually done, for effecting 
and vindicating their rights and liberties, declare, 

That the inhabitants of the English colonies in North America, by the 
immutable laws of nature, the principles of the English constitution, and 
the several charters or compacts, have the following rights: 

Resolved, N. C. D. 1, That they are entitled to life, liberty, and property, 
and that they have never ceded to any sovereign power whatever, a right to 
dispose of either without their consent. 

Resolved, N. C. D. 2. That our ancestors, who first settled these colonies, 
were at the time of their emigration from the mother country, entitled to 



APPENDIX. 305 

all the rights, liberties, and immunities of free and natural-born subjects, 
within the realm of England. 

Resolved, N. C. D. 3. That by such emigration, they by no means forfeit- 
ed, surrendered, or lost any of those rights, but that they were, and their 
descendants now are, entitled to the exercise and enjoyment of all such of 
them, as their local and other circumstances enable them to exercise and 
enjoy. 

Resolved, N. C, D. 4. That the foundation of English liberty, and of all 
free government, is a right of the people to participate in their legislative 
council; and as the English colonists are not represented, and from their 
local and other circumstances can not properly in the British parliament, 
they are entitled to a free and exclusive power of legislation in their several 
provincial legislatures, where their right of representation can alone be 
preserved, in all cases of taxation and internal polity, subject only to the 
negative of their sovereign, in such manner as has been heretofore used and 
accustomed. But, from the necessity of the case, and a regard to the 
mutual interest of both countries, we cheerfully consent to the operation 
of such acts of the British parliament as are bona fide, restrained to the 
regulation of our external commerce, for the purpose of securing the com- 
mercial advantages of the whole empire to the mother country, and the 
commercial benefits of its respective members; excluding every idea of taxa- 
tion, internal or external, for raising a revenue on the subjects in America, 
without their consent. 

Resolved, N. C. D. 5. That the respective colonies are entitled to the 
common law of England, and more especially to the great and inestimable 
privilege of being tried by their peers of the vicinage, according to the 
course of that law. 

Resolved, 6. That they are entitled to the benefit of such of the En- 
glish statutes, as existed at the time of the colonization; and which they 
have, by experience, respectively found to be applicable to their several 
local and other circumstances. 

Resolved, N. C. D. 7. That these, his Majesty's colonies, are likewise en- 
titled to all the immunities and privileges granted and confirmed to them 
hy royal charters, as secured by their several codes of provincial laws. 

Resolved, N. C. D. 9. That the keeping a standing army in these colonies, 
in times of peace, without the consent of the legislature of that colony, in 
which such army is kept, is against law. 

Resolved, N. C. D. 10. It is indispensably necessary to good government, 
and rendered essential by the English constitution, that the constituent 
branches of the legislature be independent of each other; that, therefore, 
the exercise of legislative power in several colonies, by a counsel appointed, 
during pleasure, by the crown, is unconstitutional, dangerous and destruct- 
ive to the freedom of American legislation. 

All and each of which the aforesaid duties, in behalf of themselves, 



306 APPENDIX. 

and their constituents, do claim, demand, and insist on, as their indubitable 
rights and liberties; which cannot be legally taken from them, altered or 
abridged by any power whatever, without their own consent by their repre- 
sentatives in their several provincial legislatures. 

In the course of our inquiry, we find many infringements and violations 
of the foregoing rights, which from an ardent desire that harmony and mutual 
intercourse of affection and interest may be restored, we pass over for the 
present, and proceed to state such acts and measures as have been adopted 
since the late war, which demonstrate a system formed to enslave America. 

Resolved, N. C. D. The following acts of parliament are infringements and 
violations of the rights of the colonists; and that the repeal of them is es- 
sentially necessary, in order to restore harmony between Great Britain and 
the American colonists, viz.: 

The several acts of 4 Geo. III. eh. 15 and ch. 34. — 5 Geo. III. ch. 25. — 
6 Geo. III. ch. 52—7 Geo. III. ch. 41, and ch. 46.-8 Geo. III. ch. 22, which im- 
posed duties for the purpose of raising a revenue in America, extend the 
power of the admiralty courts beyond their ancient limits, deprive the 
American subject of trial by jury, authorize the judges' certificate to in- 
demnify the prosecutor from damages, that he might otherwise be liable to, 
requiring oppressive security from a claimant of ships and goods seized, 
before he shall be allowed to defend his property, and are subservient of 
American rights. 

Also 12 Geo. III. ch. 24, entitled "An act for the better securing his 
majesty's dock-yards, magazines, ships, ammunition, and stores," which de- 
clares a new offence in America, and deprives the American subject of a 
constitutional trial by jury of the vicinage, by authorizing the trial of any 
person, charged with the committing any offence described in the said act, 
out of the realm, to be indicted and tried for the same in any shire or 
county within the realm. 

Also the three acts passed in the last session of parliament, for stopping 
the port and blocking the harbour of Boston, for altering the charter and 
government of Massachusetts Bay, and that which is entitled "An act for 
the better administration of Justice," etc. 

Also the act passed at the same session for establishing the Roman 
Catholic religion, in the province of Quebec, abolishing the equitable system 
of English laws, and erecting a tyranny there, to the great danger (from 
so total a dissimilarity of religion, law and government) of the neighboring 
British Colonies, by the assistance of whose blood and treasure the said 
country was conquered from France. 

Also, the act passed in the same session, for the better providing suita- 
ble quarters for officers and soldiers in his majesty's service, in North 
America. 

Also that the keeping a standing army in several of these colonies in 



APPENDIX. 30V 

time of peace, without the consent of the legislature of that colony, in 
which such army is kept, is against law. 

To these grievous acts and measures, Americans can not submit, but 
in hopes their fellow-subjects in Great Britain will, on a revision of them, 
restore us to that state, in which both countries found happiness and pros- 
perity, we have for the present, only resolved to pursue the following peace- 
able measures: 1. To enter into a non-importation, non-consumption, and 
non-exportation agreement or association. 2. To prepare an address to the 
people of Great Britain, and a memorial to the inhabitants of British Amer- 
ica; and 3. To prepare a loyal address to his Majesty, agreeable to resolu- 
tions already entered into. 

1774— THE NON-IMPORTATION AGREEMENT— 1774. 

We, his Majesty's most loyal subjects, the delegates of the several col- 
onies of New Hampshire, Massachusetts Bay, Rhode Island, Connecticut, 
New York, New Jersey, Pennsylvania, the three lower counties of New 
Castle, Kent and Sussex, on Delaware, Maryland, Virginia, North Carolina, 
and South Carolina, deputed to represent them in a Continental Congress, 
held in the city of Philadelphia, on the fifth day of September, 1774, avow- 
ing our allegiance to his Majesty, our affection and regard for our fellow 
subjects in Great Britain and elsewhere, affected with the deepest anxiety, 
and most alarming apprehensions at those grievances and distresses, with 
which his Majesty's American Subjects are oppressed, and having taken 
under our most serious deliberation the state of the whole Continent, find, 
that the present unhappy situation of our affairs, is occasioned by a ruinous 
system of Colony Administration adopted by the British Ministry about the 
year 1763, evidently calculated for enslaving these Colonies, and, with them, 
the British Empire. 

In prosecution of which system, various Acts of Parliament have been 
passed for raising a revenue in America, for depriving the American sub- 
jects, in many instances, of the constitutional trial by jury, exposing their 
lives to danger, by directing a new and illegal trial beyond the seas, for 
crimes alleged to have been committed in America; and in prosecution of 
the same system, several late, cruel, and oppressive acts have been passed 
respecting the town of Boston and the Massachusetts Bay, and also an act 
for extending the Province of Quebec, so as to border on the western fron- 
tiers of these Colonies, establishing an arbitrary government therein, and 
discouraging the settlement of British subjects in that wide extended coun- 
try; thus, by the influence of civil principles and ancient prejudices, to dis- 
pose the inhabitants to act with hostility against the free Protestant Colo- 
nies, whenever a wicked Ministry shall choose to direct them. 

To obtain redress of these grievances, which threatens destruction to 
the lives, liberty, and property of his Majesty's subjects in North America, 



308 APPENDIX. 

we are of opinion that a Non-Importation, Non-Consumption, and Non-Expor- 
tation Agreement, faithfully adhered to, will prove the most speedy, effect- 
ual, and peaceable measure; and, therefore, we do, for ourselves and the 
inhabitants of the several Colonies whom we represent, firmly agree and 
associate, under the sacred ties of Virtue, honor and love of our Country, 
as follows: 

First. That from and after the first day of December next, we will not 
import into British America, from Great Britain or Ireland, any Goods, 
Wares, or Merchandise whatsoever, or from any other place, any such 
Goods, Wares, or Merchandise, as shall have been exported from Great 
Britain or Ireland; nor will we after that day, import any East India tea 
from any part of the world; nor any Molasses, Syrups, Paneles, Coffee or 
Pimento, from the British Plantations or from Dominica; nor wines from 
Madeira, or the Western Islands; nor foreign Indigo. 

Second. We will neither import nor purchase any slave imported, after 
the first day of December next; after which time we will wholly discontinue 
the Slave Trade, and will neither be concerned in it ourselves, nor will 
we hire our vessels, nor sell our commodities or manufactures to those who 
are concerned in it. 

Third, As a Non-Consumptive Agreement, strictly adhered to, will be 
an effectual security for the observance of the Non-Importation, we as 
above, solemnly agree and associate, that from this day we will not pur- 
chase or use any tea imported on account of the East India Company, or 
any on which a duty hath been or shall be paid; and from and after the first 
day of March next, we will not purchase or use any East India tea whatever; 
nor will we nor shall any person for or under us, purchase or use any of 
those goods, wares, or merchandises, we have agreed not to import, which 
we shall know, or have cause to suspect, were imported after the first day 
of December except such as come under the rules and regulations of the 
tenth article hereafter mentioned. 

Fourth. The earnest desire we have, not to injure our fellow-subjects in 
Great Britain, Ireland or the West Indies, induces us to suspend a Non- 
Exportation, until the tenth day of September, 1775; at which time, if the 
said acts and parts of acts of the British Parliament hereinafter mentioned 
are not repealed, we will not directly or indirectly, export any merchandise 
or commodity whatsoever to Great Britain, Ireland or the West Indies, ex- 
cept rice to Europe. 

Fifth, Such as are merchants and use the British and Irish trade, will 
give orders, as soon as possible to their factors, agents and correspondents, 
in Great Britain and Ireland, not to ship any goods to them, on any pre- 
tence whatsoever, as they can not be received in America; and if any mer- 
chant, residing in Great Britain or Ireland, shall directly or indirectly ship 
any goods, wares, or merchandise, for America, in order to break the said 
Non-Importation Agreement, or in any manner contravene the same, on such 



APPENDIX. 309 

unworthy conduct being well attested, it ought to be made publick; and, on 
the same being so done, we will not from thenceforth have any commercial 
connexion with any such merchant. 

Sixth. That such as are owners of vessels will give positive orders to 
their captains, or masters, not to receive on board their vessel any goods 
prohibited by the said Non-Importation Agreement, on pain of immediate 
dismission from their service. 

Seventh. We will use our utmost endeavors to improve the breed of 
sheep, and to increase their number to the greatest extent; and to that end, 
we will lull them as sparingly as may be, especially those of the most profit- 
able kind; nor will we export any to the West Indies or elsewhere; and those 
of us who are or may become over-stocked with, or can conveniently spare 
any sheep, will dispose of them to our neighbors, especially, to the poorer 
sort, upon moderate terms. 

Eighth. That we will, in our several stations, encourage frugality, econ- 
omy, and industry; and promote agriculture, arts, and the manufactures of 
this Country, especially that of wool; and will discountenance and discour- 
age every species of extravagence and dissipation, especially all horse- 
racing, and all kinds of gaming, cock-fighting, exhibitions of plays, shews, 
and other expensive diversions and entertainments; and on the death of any 
relation or friend, none of us, or any of our families will go into any fur- 
ther mourning dress, than a black crape or ribbon on the arm or hat for 
gentlemen, and a black ribbon and necklace for ladies, and we will discoun- 
tenance the giving of gloves and scarfs at funerals. 

Ninth. That such as are venders of goods or merchandises, will not 
take advantage of the scarcity of goods that may be occasioned by this as- 
sociation, but will sell the same at the rates we have been respectively ac- 
customed to do, for twelve months last past. And if any vender of goods or 
merchandise shall sell any such goods on higher terms, or shall in any 
manner, or by any device whatsoever violate or depart from this Agreement, 
no person ought, nor will any of us deal with any such person, or his or her 
factor or agent, at any time thereafter for any commodity whatever. 

Tenth. In case any merchant, trader, or other person, shall import any 
Goods or Merchandise, after the first day of December, and before the first 
day of February next, the same ought forthwith, at the election of the 
owner, to be either reshipped or delivered up to the Committee of the 
County or Town wherein they shall be imported, to be stored at the wish 
of the importer, until the Non-Importation Agreement shall cease, or be 
sold under the direction of the Committee aforesaid; and in the last men- 
tioned case, the owner or owners of such goods shall be reimbursed out of 
the sales the first cost and charges; the profit, if any, to be applied towards 
relieving and employing such poor inhabitants of the Town of Boston as are 
immediate sufferers by the Boston Port Bill; and a particular account of all 
goods so returned, stored, or sold, to be inserted in the publick papers, and 



310 APPENDIX. 

if any goods or merchandises shall be imported after the said first day of 
February, the same ought forthwith to be sent back again, without breaking 
any of the packages thereof. 

Eleventh. That a Committee be chosen in every County, City, and Town, 
by those who are qualified to vote for Representatives in the Legislature, 
whose business it shall be attentively to observe the conduct of all persons 
touching this Association; and when it shall be made to appear to the satis- 
faction of a majority of any such Committee, that any person within the 
limits of their appointment has violated this Association, that such a major- 
ity do forthwith cause the truth of the case to be published in the Gazette, 
to the end that all such foes to the rights of British America may be pub- 
lickly known and universally contemned as the enemies of American lib- 
erty; and thenceforth we respectively will break off all dealings with him 
or her. 

Twelfth. That the Committee of Correspondence in the respective Colo- 
nies, do frequently inspect the entries of their Custom Houses, and inform 
each other, from time to time, of the true state thereof, and of every other 
material circumstance that may occur relative to this Association. 

Thirteenth. That all manufactures of this country be sold at reasonable 
prices, so that no undue advantage be taken of a future scarcity of goods. 

Fourteenth. And we do further agree and resolve that we will have no 
Trade, Commerce, Dealings, or Intercourse whatsoever with any Colony or 
Province in North America, which shall not accede to, or which shall hereaf- 
ter violate this Association, but will hold them as unworthy of the right of 
freemen, and as inimical to the liberties of this country. 

And we do solemnly bind ourselves and our constituents under the ties 
aforesaid, to adhere to this Association until such parts of the several Acts 
of Parliament passed since the close of the last war, as impose or continue 
duties on Tea, Wine, Molasses, Syrups, Paneles, Coffee, Sugar, Pimento, 
Indigo, Foreign Paper, Glass,, and Painters' Colors, imported into America, 
and extend the powers of the Admiralty Courts beyond their ancient limits, 
deprive the American subjects of Trial by Jury, authorize the judge's certi- 
ficate to indemnify the prosecutor from damages that he might otherwise 
be liable to from a trial by his peers, require oppressive security from a 
claimant of ships or goods seized before he shall be allowed to defend his 
property, are repealed. And until that part of the act of the 12th George 
III., ch. 24, entitled "An Act for the better securing his majesty's 
Dock-Yards, Magazines, Ships, Ammunition, and Stores," by which any per- 
son charged with committing any of the offences therein described, in 
America, may be tried in any Shire or County within the realm, is repealed — 
and until the four Acts passed in the last session of Parliament, viz.: That 
for stopping the Port and blocking up the Harbor of Boston — that for alter- 
ing the Charter of government of the Massachusetts Bay — and that which is 
entitled "An Act for the better Administration of Justice," etc. — and that 



APPENDIX. 311 

for extending the limits of Quebec, etc., are repealed. And we recommend 
it to the Provincial Conventions, and to the Committees in the respective 
Colonies, to establish such farther regulations as they may think proper for 
carrying into execution this Association. 

The foregoing Association being determined upon by the Congress, was 
ordered to be subscribed by the several numbers thereof; and thereupon, we 
have hereunto set our respective names accordingly. 

In Congress, Philadelphia, October 20, 1774. 

PEYTON RANDOLPH, President. 

1776— THE DECLARATION OF INDEPENDENCE.— 1776. 

In Congress, July 4, 1776. 
The Unanimous Declaration of the Thirteen United States of America. 

When, in the course of human events, it becomes necessary for one 
people to dissolve the political bands which have connected them with an- 
other, and to assume, among the powers of the earth, the separate and 
equal station to which the Laws of Nature and of Nature's God entitle them, 
a decent respect to the opinions of mankind requires that they should declare 
the causes which impel them to the separation. 

We hold these truths to be self-evident; that all men are created 
equal; that they are endowed by their Creator with certain unalienable 
Rights; that among these are Life, Liberty, and the pursuit of Happiness. 
That, to secure these rights, Governments are instituted among Men, deriv- 
ing their just powers from the consent of the governed; that, whenever any 
Form of Government becomes destructive of these ends, it is the Right of the 
people to alter or to abolish it, and to institute new Government, laying its 
foundation on such principles, and organizing its powers in such form, as 
to them shall seem most likely to effect their Safety and Happiness. Pru- 
dence, indeed, will dictate that Governments long established, should not be 
changed for light and transient causes; and, accordingly, all experience hath 
shown, that mankind are more disposed to suffer, while evils are sufferable, 
than to right themselves by abolishing the forms to which they are ac- 
customed. But, when a long train of abuses and usurpations, pursuing inva- 
riably the same Object, evinces a design to reduce them under absolute des- 
potism, it is their right, it is their duty, to throw off such Government, and 
provide new Guards for their future security. Such has been the patient 
sufferance of these Colonies; and such is now the necessity which con- 
strains them to alter their former Systems of Government. The history of 
the present King of Great Britain is a history of repeated injuries and usurp- 
ations, all having in direct object the establishment of an absolute Tyranny 
over these States. To prove this, let Facts be submitted to a candid world. 

He has refused his Assent to Laws the most wholesome and necessary 
for the public good. 



312 ' APPENDIX. 

He has forbidden his Governors to pass Laws of immediate and pressing 
importance, unless suspended in their operation till his Assent should be 
obtained; and, when so suspended', he has utterly neglected to attend to 
them. 

He has refused to pass other laws for the accommodation of large dis- 
tricts of people unless those people would relinquish the right of Represen- 
tation in the Legislature, a right inestimable to them and formidable to 
tyrants only. 

He has called together legislative bodies at places unusual, uncomforta- 
ble, and distant from the depository of their Public Records, for the sole 
purpose of fatiguing them into compliance with his measures. 

He has dissolved Representative Houses repeatedly, for opposing, with 
manly firmness, his invasions on the rights of the people. 

He has refused, for a long time after such dissolutions, to cause others 
to be elected; whereby the Legislative Powers, incapable of Annihilation, 
have returned to the People at large for their exercise; the State remaining, 
in the meantime, exposed to all the dangers of invasion from without, and 
convulsions within. 

He has endeavored to prevent the population of these States; for that 
purpose obstructing the Laws for Naturalization of Foreigners; refusing to 
pass others to encourage their migration hither, and raising the conditions 
of new Appropriations of Lands. 

He has obstructed the Administration of Justice, by refusing his Assent 
to Laws for establishing Judiciary Powers. 

He has made judges dependent on his Will alone for the tenure of their 
offices, and the amount and payment of their salaries. 

He has erected a multitude of New Offices, and sent hither swarms of Of- 
ficers to harass our People, and eat out their substance. 

He has kept among us in times of peace, Standing Armies, without the 
Consent of our legislature. 

He has affected to render the Military independent of, and superior to, 
the Civil Power. 

He has combined, with others, to subject us to a jurisdiction foreign 
to our Constitution, and unacknowledged by our laws; giving his assent to 
their Acts of pretended Legislation: 

For quartering large bodies of armed troops among us. 

For Protecting them, by a mock Trial, from Punishment for any murders 
which they should commit on the inhabitants of these States. 

For cutting off our Trade with all parts of the world. 

For imposing taxes on us without our consent. 

For depriving us, in many cases, of the benefits of Trial by Jury. 

For transporting us beyond Seas to be tried for pretended offenses. 

For abolishing the free System of English Laws in a neighboring prov- 
ince, establishing therein an Arbitrary government and enlarging its Boun- 



APPENDIX. 313 

daries, so as to render it at once an example and fit instrument for intro- 
ducing the same absolute rule into these Colonies. 

For taking away our Charters, abolishing our most valuable Laws, and 
altering, fundamentally, the Forms of our Governments. 

For suspending our own Legislatures, and declaring themselves invested 
with power to legislate for us in all cases whatsoever. 

He has abdicated Government here by declaring us out of his Protection, 
and waging War against us. 

He has plundered our Seas, ravaged our Coasts, burnt our towns, and 
destroyed the lives of our people. 

He is. at this time, transporting large armies of foreign mercenaries 
to complete the works of death, desolation, and tyranny, already begun, 
with circumstances of Cruelty and perfidy scarcely paralleled in the most 
barbarous ages, and totally unworthy the Head of a civilized nation. 

He has constrained our fellow Citizens, taken Captive on the high Seas, 
to b ar Arms against their Country, to become the executioners of their 
friends and Brethren, or to fall themselves ry their Hands. 

He has excited domestic insurrections amongst us, and has endeavored 
to bring on the inhabitants of our frontiers, the merciless Indian Savages, 
whose known rule of warfare is an undistinguished destruction of all ages, 
sexes, and conditions. 

In every stage of these Oppressions, We have Petitioned for Redress in 
the most humble terms; our. repeated Petitions have been answered only 
by repeated injury. A Prince, whose character is thus marked by every act 
which may define a tyrant, is unfit to be the ruler of a free People. 

Nor have We been wanting in attention to our British brethren. We 
have warned them, from time .to time, of attempts by their legislature to 
extend an unwarrantable jurisdiction over us. We have reminded them 
of the circumstances of our emigration and settlement here. We have 
appealed to their native justice and magnanimity, and we have conjured 
them, by the ties of our common kindred, to disavow these usurpations, 
which would inevitably interrupt our connections and correspondence. 
They, too, have been deaf to the voice of justice and consanguinity. We 
must, therefore, acquiesce in the necessity which denounces our Separation, 
and hold them, as we hold the rest of mankind, Enemies in War, in Peace, 
Friends. 

We, therefore, the representatives of the United States of America, in 
General Congress Assembled, appealing to the Supreme Judge of the world 
for the rectitude of our intentions, do, in the Name, and by Authority of 
the good People of these Colonies, solemnly publish and declare. That the 
United Colonies are, and of Right ought to be, Free and Independent States: 
that they are Absolved from all Allegiance to the British Crown, and that all 
political connection between them and the State of Great Britain is. and 
ought to be, totally dissolved; and that, as Free and Independent States, 



314 



APPENDIX. 



they have full power to levy War, conclude Peace, contract Alliances, estab- 
lish Commerce, and to do all other Acts and things which Independent 
States may of right do. And for the support of this Declaration, with a 
firm reliance on the Protection of Divine Providence, we mutually pledge 
to ecch other our Lives, our Fortunes, and our sacred Honor. 

JOHN HANCOCK. 



NEW HAMPSHIRE- 
Josiah Bartlett, 
Wm. Whipple, 
Matthew Thornton. 

MASSACHUSETTS 
BAY— 
Saml. Adams, 
John Adams, 
Robt. Treat Paine, 
Elbridge Gerry. 

RHODE ISLAND— 

Step. Hopkins, 
William Ellery. 

CONNECTICUT— 

Roger Sherman, 
Sam'el Huntington i 
Wm. Williams, 
Oliver Wolcott. 

NEW YORK— 
Wm. Floyd, 
Phil. Livingston, 
Frans. Lewis, 
Lewis Morris. 



NEW JERSEY. 
Richd. Stockton, 
Jno. Witherspoon, 
Fras. Hopkinson, 
John Hart, 
Abra. Clark. 

PENNSYLVANIA— 

Robt. Morris, 
Benjamin Rush, 
Benja. Franklin, 
John Morton, 
Geo. Clymer, 
Jas. Smith, 
Geo. Taylor, 
James Wilson, 
Geo. Ross. 

DELAWARE— 
Caesar Rodney, 
Geo. Read, 
Tho. M'Kean. 

MARYLAND— 
Samuel Chase, 
Wm. Paca, 
Thos. Stone. 



Charles Carroll, of Car- 
rollton. 

VIRGINIA— 

George Wythe, 
Richard Henry Lee, 
Th. Jefferson, 
Benja. Harrison, 
Thos. Nelson, Jr., 
Francis Lightfoot Lee, 
Carter Braxton. 

NORTH CAROLINA— 
Wm. Hooper, 
Joseph Hewes, 
John Penn. 

SOUTH CAROLINA— 

Edward Rutledge, 
Thos. Heyward, Jr., 
Thomas Lynch, Jr., 
Arthur Middleton. 

GEORGIA— 

Button Guinnett, 
Lyman Hall, 
Geo. Walton. 



1777— ARTICLES OF CONFEDERATION— 1777. 



Articles of Confederation and Perpetual Union between the States of New 
Hampshire, Massachusetts Bay, Rhode Island and Providence Plantations, 
Connecticut, New York, New Jersey, Pennsylvania, Delaware, Maryland, 
Virginia, North Carolina, South Carolina, and Georgia. 



Article I. 
of America." 



-The style of this confederacy shall be, "The United States 



APPENDIX. 315 

Art. II. — Each State retains its sovereignty, freedom, and independ- 
ence, and every power, jurisdiction and right which is not by this confedera- 
tion expressly delegated to the United States in Congress assembled. 

Art. III. — The said States hereby severally enter into a firm league 
of friendship with each other, for their common defense, the security of 
their liberties, and their mutual and general welfare, binding themselves 
to assist each other against all force offered to, or attacks made upon them, 
or any of them, on account of religion, sovereignty, trade, or any other 
pretense whatever. 

Art. IV. — The better to secure and perpetuate mutual friendship and 
intercourse among the people of the different States in this Union, the 
free inhabitants of each of these States, paupers, vagabonds, and fugitives 
from justice excepted, shall be entitled to all privileges and immunities of 
free citizens in the several States; and the people of each State shall 
have free ingress and regress to and from any other State, and shall enjoy 
therein all the privileges of trade and commerce, subject to the same duties, 
impositions, and restrictions, as the inhabitants thereof respectively; pro- 
vided that such restrictions shall not extend so far as to prevent the re- 
moval of property imported into any State, to any other State of which the 
owner is an inhabitant; provided, also, that no imposition, duties, or restric- 
tion shall be laid by any State on the property of the United States or 
either of them. 

If any person guilty of, or charged with, treason, felony, or other high 
misdemeanor in any State, shall flee from justice, and be found in any of 
the United States, he shall, upon demand of the governor or executive power 
of the State from which he fled, be delivered up, and removed to the State 
having jurisdiction of his offense. 

Full faith and credit shall be given, in each of these States, to the 
records, acts, and judicial proceedings of the courts and magistrates of every 
other State. 

Art. V. — For the more convenient management of the general interests 
of the United States, delegates shall be annually appointed in such manner 
as the Legislature of each State shall direct, to meet in Congress on the 
first Monday in November, in every year, with a power reserved to each 
State to recall its delegates, or any of them, at any time within the year, 
and to send others in their stead for the remainder of the year. 

No State shall be represented in Congress by less than two, nor by 
more than seven members; and no person shall be capable of being a del- 
egate for more than three years, in any term of six years; nor shall any 
person, being a delegate, be capable of holding any office under the United 
States, for which he. or another for his benefit, receives any salary, fees, or 
emolument of any kind. 

Each State shall maintain its own delegates iii any meeting of the 
States and while they act as members of the committee of the States. 



316 APPENDIX. 

In determining questions in the United States in Congress assembled, 
each State shall have one vote. 

Freedom of speech and debate in Congress shall not be impeached or 
questioned in any court or place out of Congress; and the members of 
Congress shall be protected in their persons from arrests and imprison- 
ments during the time of their going to and from, and attendance on Con- 
gress, except for treason, felony, or breach of the peace. 

Art. VI. — No State, without the consent of the United States, in Con- 
gress assembled, shall send any embassy to, or receive any embassy from, 
or enter into any conference, agreement, alliance, or treaty, with any king, 
prince, or State; nor shall any person holding any office of profit or trust 
under the United States, or any of them, accept of any present, emolu- 
ment, office, or title of any kind whatever, from any king, prince or foreign 
State; nor shall the United States, in Congress assembled, or any of them, 
grant any title of nobility. 

No two or more States shall enter into any treaty, confederation, or 
alliance whatever between them, without the consent of the United States, 
in Congress assembled, specifying accurately the purposes for which the 
same is to be entered into, and how long it shall continue. 

No States shall lay any imposts or duties which may interfere with 
any stipulations in treaties entered into by the United States, in Congress 
assembled, with any king, prince, or State, in pursuance of any treaties 
already proposed by Congress to the courts of France and Spain. 

No vessels of war shall be kept up in time of peace, by any State, ex- 
cept such number only as shall be deemed necessary, by the United States 
in Congress assembled, for the defense of such State or its trade; nor shall 
any body of forces be kept up, by any State, in time of peace, except such 
number only as, in the judgment of the United States, in Congress assem- 
bled, shall be deemed requisite to garrison the forts necessary for the 
defense of such State; but every State shall always keep up a well regu- 
lated and disciplined militia, sufficiently armed and accoutred, and shall 
provide and constantly have ready for use, in public stores, a due number 
of field-pieces and tents, and a proper quantity of arms, ammunition, and 
camp equipage. 

No State shall engage in any war without the consent of the United 
States, in Congress assembled, unless such State be actually invaded by 
enemies, or shall have received certain advice of a resolution being formed 
by some nation of Indians to invade such State, and the danger is so im- 
minent as not to admit of a delay till the United States, in Congress as- 
sembled, can be consulted; nor shall any State grant commissions to any 
ships or vessels of war, nor letters of marque or reprisal, except it be after 
a declaration of war by the United States, in Congress assembled, and then 
only against the kingdom or State, and the subjects thereof against which 
war has been so declared, and under such regulations as shall be estab- 



APPENDIX. 317 

listed by the United States, in Congress assembled, unless such State be 
infested by pirates, in which case vessels of war may be fitted out for that 
occasion, and kept so long as the danger shall continue, or until the United 
States, in Congress assembled, shall determine otherwise. 

Aet. VII. — When land forces are raised by any State for the common 
defense, all officers of or under the rank of colonel, shall be appointed by 
the Legislature of each State respectively by whom such forces shall be 
raised, or in such manner as such State shall direct, and all vacancies 
shall be filled up by the State which first made the appointment. 

Aet. VIII. — All charges of war, and all other expenses that shall be 
incurred for the common defense or general welfare, and allowed by the 
United States in Congress assembled, shall be defrayed out of a common 
treasury, which shall be supplied by the several States, in proportion to the 
value of all land within each State, granted to, or surveyed for, any person, 
as such land and the buildings and improvements thereon shall be esti- 
mated according to such mode as the United States, in Congress assem- 
bled, shall, from time to time, direct and appoint. The taxes for paying 
that proportion shall be laid and levied by the authority and direction of 
the legislatures of the several States, within the time agreed upon by the 
United States, in Congress assembled. 

Art. IX. — The United States, m Congress assembled, shall have the 
sole and exclusive right and power of determining on peace and war, ex- 
cept in the cases mentioned in the sixth Article'; of sending and receiving 
ambassadors; entering into treaties and alliances, provided that no treaty 
of commerce shall be made whereby the Legislative power of the respective 
States shall be restrained from imposing such imposts and duties on for- 
eigners, as theii; own people are subjected to, or from prohibiting the ex- 
portation or importation of any species of goods or commodities whatso- 
ever; of establishing rules for deciding, in all cases, what captures on 
land or water shall be legal, and in what manner prizes by land or 
naval forces in the service of the United States, shall be divided or appro- 
priated; of granting letters of marque and reprisal in times of peace; ap- 
pointing courts for the trial of piracies and felonies committed on the 
high seas; and establishing courts for receiving and determining finally 
appeals in all cases of captures; provided that no member of Congress 
shall be appointed a judge of any of the said courts. 

The United States, in Congress assembled, shall also be the last re- 
sort on appeal, in all disputes in differences now subsisting, or that here- 
after may arise between two or more States concerning boundary, jurisdic- 
tion, or any other cause whatever, which authority shall always be exercised 
in the manner following: Whenever the legislative or executive authority. 
or lawful agent of any State in controversy with another, shall present, a 
petition to Congress, stating the matter in question, and praying for a hear- 
ing, notice thereof shall be given by order of Congress, to the legislative or 



318 APPENDIX, 

executive authority of the other State in controversy, and a day assigned for 
the appearance of the parties by their lawful agents, who shall then be 
directed to appoint, by joint consent, commissioners or judges to constitute 
a court for hearing and determining the matter in question; but if they can 
not agree, Congress shall name three persons out of each of the United 
States, and from the list of such persons each party shall alternately strike 
out one, the petitioners beginning, until the number shall be reduced to thir- 
teen; and from that number not less than seven nor more than nine names, 
as Congress shall direct, shall, in the presence of Congress, be drawn out 
by lot; and the persons whose names shall be so drawn, or any five of them, 
shall be commissioners or judges, to hear and finally determine the contro- 
versy, so always as a major part of the judges, who shall hear the cause, 
shall agree in the determination; and if either party shall neglect to attend at 
the day appointed, without showing reasons which Congress shall judge suffi- 
cient, or being present, shall refuse to strike, the Congress shall proceed to 
nominate three persons out of each State, and the secretary of Congress shall 
strike in behalf of such party absent or refusing; and the judgment and sen- 
tence of the court, to be appointed in the manner before prescribed, shall be 
final and conclusive; and if any of the parties shall refuse to submit to the 
authority of such court, or to appear or defend their claim or cause, the court 
shall nevertheless proceed to pronounce sentence or judgment, which shall 
in like manner be final and decisive; the judgment or sentence and other 
proceedings being in either case transmitted to Congress, and lodged among 
the acts of Congress for the security of the parties concerned; provided, that 
every commissioner, before he sits in judgment, shall take an oath, to be 
administered by one of the judges of the Supreme or Superior Court of the 
State where the cause shall be tried, "well and truly to hear and determine 
the matter in question, according to the best of his judgment, without favor, 
affection, or hope of reward." Provided, also, that no State shall be deprived 
of territory for the benefit of the United States. 

All controversies concerning the private right of soil claimed under dif- 
ferent grants of two or more States, whose jurisdictions, as they may respect 
such lands, and the States which passed such grants are adjusted, the said 
grants or either of them being at the same time claimed to have originated 
antecedent to such settlement of jurisdiction, shall on the petition of either 
party to the Congress of the United States, be finally determined, as near 
as may be, in the same manner as is before prescribed for deciding disputes 
respecting territorial jurisdiction between different States. 

The United States, in Congress assembled, shall also have the sole and 
exclusive right and power of regulating the alloy and value of coin struck 
by their own authority, or by that of the respective States; fixing the stand- 
ard of weights and measures throughout the United States; regulating the 
trade and managing all affairs with the Indians not members of any of the 
States; provided that the legislative right of any State, within its own limits, 



APPENDIX. 319 

be not infringed or violated; establishing and regulating post-offices from one 
State to another throughout all the United States, and exacting such postage 
on the papers passing through the same, as may be requisite to defray the 
expenses of the said office; appointing all officers of the land forces in the 
service of the United States, excepting regimental officers; appointing all 
the officers of the naval forces, and commissioning all officers whatever in 
the service of the United States; making rules for the government and regu- 
lation of the said land and naval forces, and directing their operations. 

The United States, in Congress assembled, shall have authority to ap- 
point a committee, to sit in the recess of Congress, to be denominated 
"A Committee of the States," and to consist of one delegate from each State; 
and to appoint such other committees and civil officers as may be necessary 
for managing the general affairs of the United States under their direction; 
to appoint one of their number to preside, provided that no person be allowed 
to serx^e in the office of president more than one year in any term of three 
years; to ascertain the necessary sums of money to be raised for the service 
of the United States, and to appropriate and apply the same for defraying the 
public expenses; to borrow money or emit bills on the credit of the United 
States, transmitting every half year to the respective States an account of 
the sums of money so borrowed or emitted; to build and equip a navy; to 
agree upon the number of land forces, and to make requisitions from each 
State for its quota, in proportion to the number of white inhabitants in such 
State, which requisition shall be binding; and thereupon the Legislature of 
each State shall appoint the regimental officers, raise the men, and clothe, 
arm, and equip them in a soldier-like manner at the expense of the United 
States; and the officers and men so clothed, armed, and equipped shall march 
to the place appointed, and within the time agreed on by the United States, 
in Congress assembled; but if the United States, in Congress assembled, 
shall, on consideration of circumstances, judge proper that any State should 
not raise men, or should raise a smaller number than its quota, and that any 
other State should raise a greater number of men than the quota thereof, 
such extra number shall be raised, officered, clothed, armed, and equipped in 
the same manner as the quota of such State, unless the Legislature of such 
State shall judge that such extra number can not be safely spared out of the 
same, in which case they shall raise, officer, clothe, arm and equip as many 
of such extra number as they judge can be safely spared, and the officers and 
men so clothed, armed, and equipped shall march to the place appointed, and 
within the time agreed on by the United States, in Congress assembled. 

The United States, in Congress assembled, shall never engage in a war. 
nor grant letters of marque and reprisal in time of peace, nor enter into 
any treatise or alliances, nor coin money, nor regulate the value thereof, 
nor ascertain the sums and expenses necesessary for the defense and welfare 
of the United States, or any of them, nor emit bills, nor borrow money on the 
credit of the United States, nor appropriate money, nor agree upon the num- 



320 APPENDIX. 

ber of vessels of war to be built or purchased, or the number of land or sea 
forces to be raised, nor appoint a commander-in-chief of the army or navy, 
unless nine States assent to the same, nor shall a question on any other 
point, except for adjourning from day to day, be determined, unless by the 
votes of a majority of the United States, in Congress assembled. 

The Congress of the United States shall have power to adjourn to any 
time within the year, and to any place within the United States, so that 
no period of adjournment be for a longer duration than the space of six 
months, and shall publish the journal of their proceedings monthly, except 
such parts thereof relating to treaties, alliances, or military operations as in 
their judgment require secrecy; and the yeas and nays of the delegates of 
each State, on any question, shall be entered on the journal when it is de- 
sired by any delegate; and the delegates of a State, or any of them, at his 
or their request, shall be furnished with a transcript, of the said journal, ex- 
cept such parts as are above excepted, to lay before the Legislatures of the 
several States. 

Aut. X. — The committee of the States, or any nine of them, shall be au- 
thorized to execute, in the recess of Congress, such of the powers of Congress 
as the United States, in Congress assembled, by the consent of nine States, 
shall, from time to time, think expedient to vest them with; provided that 
no power be delegated to the said committee, for the exercise of which, by the 
articles of confederation, the voice of nine States, in the. Congress of the 
United States assembled, is requisite. 

Art. XI. — Canada acceding to this confederation, and joining in the meas- 
ures of the United States, shall be admitted into, and entitled to all the ad- 
vantages of this Union; but no other colony shall be admitted into the same 
unless such admission be agreed to by nine States. 

Art. XII. — All bills of credit emitted, moneys borrowed, and debts con- 
tracted by or under the authority of Congress, before the assembling of the 
United States, in pursuance of the present confederation, shall be deemed and 
considered as a charge against the United States, for payment and satisfac- 
tion whereof the said United States and the public faith are hereby sol- 
emnly pledged. 

Ajrt. XIII. — Every State shall abide by the determination of the United 
States, in Congress assembled, on all questions which by this Confederation 
are submitted to them. And the Articles of this Confederation shall be invio- 
lably observed by every State, and the Union shall be perpetual; nor shall 
any alteration at any time hereafter be made in any of them, unless such 
alteration be agreed to in a Congress of the United States, and afterward con- 
firmed by the legislatures of every State. 

And whereas, it hath pleased the Great Governor of the world to incline 
the hearts of the Legislatures we respectfully represent in Congress, to ap- 
prove of, and to authorize us to ratify the said Articles of Confederation and 
perpetual Union, Know ye, that we, the undersigned delegates, by virtue of 



APPENDIX. 321 

the power and authority to us given for that purpose, do by these presents, 
in the name and in behalf of our respective constituents, fully and entirely 
ratify and confirm each and every of the said Articles of Confederation and 
perpetual 'Ul-iou, and all and singular the matters and things therein con- 
tained. And we do further solemnly plight and engage the faith of our re- 
spective constituents, that they shall abide by the determinations of the 
United States., in Congress assembled, on all questions which by the said 
Confederation are submitted to them; and that the Articles thereof shall be 
inviolably observed by the States we respectively represent, and that the 
Union shall be perpetual. In witness whereof, we have hereunto set our 
hands in Congress. Done at Philadelphia, in the State of Pennsylvania, the 
ninth ciay of July, in the year of our Lord 1778, and in the third year of the 
Independence of America. 

17S7— CONSTITUTION OP THE UNITED STATES— 1787. 

"We, the people of the United States, in order to form a more perfect 
uaion, establish justice, insure domestic tranquility, provide for the common 
defense, promote the general welfare, and secure the blessings of liberty to 
ourselves and our posterity, do ordain and establish this Constitution for the 
United States of America. 

ARTICLE I. 

Section 1. All legislative powers herein granted shall be vested in a Con- 
gress of the United States, which shall consist of a Senate and House of Rep- 
resentatives. 

Section 2. 1. The House of Representatives shall be composed of mem- 
bers chosen every second year by the people of the several States, and the 
electors in each State shall have the qualifications requisite for electors of 
the most numerous branch of the State Legislature. 

2. No person shall be a Representative who shall not have attained to the 
age of twenty-five years, and been seven years a citizen of the United States, 
and who shall not, when elected, be an inhabitant of that State in which he 
shall be chosen. 

3. Representatives and direct taxes shall be apportioned among the sev- 
eral States which may be included within this Union, according to their re- 
spective numbers, which shall be determined by adding to the whole number 
of free persons, including those bound to service for a term of years, and ex- 
cluding Indians not taxed, three-fifths of all other persons. The actual enum- 
eration shall be made within three years after the first meeting of the Con- 
gress of the United States, and within every subsequent term of ten years, 
in such manner as they shall by law direct. The number of representatives 
shall not exceed one for every thirty thousand, but each State shall have at 
least one representative; and until such enumeration shall be made, the 



322 - APPENDIX. 

State of New Hampshire shall be entitled to choose three, Massachusetts, 
eight; Rhode Island and Providence Plantations, one; Connecticut, five; New 
York, six; New Jersey, four; Pennsylvania, eight; Delaware, one; Maryland, 
six; Virginia, ten; North Carolina, five; South Carolina, five; and Georgia, 
three. 

4. When vacancies happen in the representation from any State, the 
executive authority thereof shall issue writs of election to fill such vacancies. 

5. The House of Representatives shall choose their Speaker and other 
officers, and shall have the sole power of impeachment. 

Section 3. 1. The Senate of the United States shall be composed of two 
Senators from each State, chosen by the Legislature thereof for six years; 
and each Senator shall have one vote. 

2. Immediately after they shall be assembled in consequence of the first 
election, they shall be divided as equally as may be into three classes. The 
seats of the senators of the first class shall be vacated at the expiration of 
the second year, of the second class at the expiration of the fourth year, and 
of the third class at the expiration of the sixth year, so that one-third may 
be chosen every second year; and if vacancies happen by resignation, or 
otherwise, during the recess of the legislature of any State, the Executive 
thereof may make temporary appointments until the next meeting of the 
legislature, which shall then fill such vacancies. 

3. No person shall be a senator who shall not have attained to the age 
of thirty years, and been nine years a citizen of the United States, and who 
shall not, when elected, be an inhabitant of that State for which he shall be 
chosen. 

4. The Vice President of the United States shall be President of the 
Senate, but shall have no vote, unless they be equally divided. 

5. The Senate shall choose their other officers, and also a president 
pro tempore, in the absence of the Vice President, or when he shall exercise 
the office of President of the United States. 

6. The Senate shall have the sole power to try all impeachments. When 
sitting for that purpose, they shall be on oath or affirmation. When the 
President of the United States is tried, the Chief Justice shall preside; and 
no person shall be convicted without the concurrence of two-thirds of the 
members present. 

7. Judgment in cases of impeachment shall not extend further than to 
removal from office, and disqualification to hold and enjoy any office of honor, 
trust, or profit under the United States; but the party convicted shall never- 
theless be liable and subject to indictment, trial, judgment and punishment, 
according to law. 

Section 4. 1. The times, places, and manner of holding elections for sen- 
ators and representatives, shall be prescribed in each State by the legislature 
thereof; but the Congress may at any time, by law, make or alter such regula- 
tions, except as to the places of choosing senators. 



APPENDIX. 323 

2. The Congress shall assemble at least once in every year, and such, 
meeting shall be on the first Monday in December, unless they shall by law 
appoint a different day. 

Section 5. 1. Each House shall be the judge of the elections, returns and 
qualifications of its own members, and a majority of each shall constitute a 
quorum to do business; but a smaller number may adjourn from day to day, 
and may be authorized to compel the attendance of absent members, in such 
manner, and under such penalties as each House may provide. 

2. Each House may determine the rules of its proceedings, punish its 
members for disorderly behavior, and, with the concurrence of two-thirds, 
expel a member. 

3. Each House shall keep a journal of its proceedings, and from time to 
time publish the same, excepting such parts as may in their judgment require 
secrecy; and the yeas and nays of the members of either House on any ques- 
tion shall, at the desire of one-fifth of those present, be entered on the journal. 

4. Neither House, during the session of Congress, shall, without the 
consent of the other, adjourn for more than three days, nor to any other 
place than that in which the two Houses shall be sitting. 

Section 6. 1. The senators and representatives shall receive a compensa- 
tion for their services, to be ascertained by law, and paid out of the Treasury 
of the United States. They shall, in all cases, except treason, felony and 
breach of the peace, be privileged from arrest during their attendance at the 
session of their respective Houses, and in going to and returning from the 
same; and for any speech or debate in either House, they shall not be ques- 
tioned in any other place. 

2. No senator or representative shall, during the time for which he was 
elected, be appointed to any civil office under the 'authority of the United 
States, which shall have been created, or the emoluments whereof shall have 
been increased during such time; and no person holding any office under the 
United States shall be a member of either House during his continuance 
in office. 

Section 7. 1. All bills for raising revenue shall originate in the House of 
Representatives; but the Senate may propose or concur with amendments as 
on other b^lls. 

2. Every bill which shall have passed the House of Representatives and 
the Senate, shall, before it become a law, be presented to the President of the 
United States; if he approve he shall sign it, but if not he shall return it, 
with his objections to that House in which it shall have originated, who shall 
enter the objections at large on their journal, and proceed to reconsider it. 
If after such reconsideration two-thirds of that House shall agree to pass the 
bill, it shall be sent, together with the objections, to the other House, by 
which it shall likewise be reconsidered, and if approved by two-thirds of that 
House, it shall become a law. But in all such cases the votes of both Houses 
shall be determined by yeas and nays, and the names of the persons voting 



324 APPENDIX. 

for and against the bill shall be entered on the journal of each House re- 
spectively. If any bill shall not be returned by the President within ten 
days (Sundays excepted) after it shall have been presented to him, the same 
shall be a law, in like manner as if he had signed it, unless the Congress by 
their adjournment prevent its return, in which case it shall not be a law. 

3. Every order, resolution, or vote to which the concurrence of the Sen- 
ate and House of Representatives may be necessary (except on a question of 
adjournment) shall be presented to the President of the United States; and 
before the same shall take effect, shall be approved by him, or being disap- 
proved by him, shall be repassed by two-thirds of the Senate and House of 
Representatives, according to the rules and limitations prescribed in the 
case of a bill. 

Section 8. 1. The Congress shall have power to lay and collect taxes, 
duties, imposts and excises, to pay the debts and provide for the common de- 
fense and general welfare of the United States; but all duties, imposts and 
excises' shall be uniform throughout the United States. 

2. To borrow money on the credit of the United States. 

3. To regulate commerce with foreign nations, and among the several 
States, and with the Indian tribes. 

4. To establish an uniform rule of naturalization, and uniform laws on the 
subject of bankruptcies throughout the United States. 

5. To coin money, regulate the value thereof, and of foreign coin, and 
fix the standard of weights and measures. 

6. To provide for the punishment of counterfeiting the securities and 
current coin of the United States. 

7. To establish post-offices and post roads. 

8. To promote the progress of science and useful arts, by securing for 
limited times to authors anfi inventors the exclusive right to their respective 
writings and discoveries. 

9. To constitute tribunals inferior to the Supreme Court. 

TO. To define and punish piracies and felonies committed on the high 
seas, and offenses against the law of nations. 

11. To declare war, grant letters of marque and reprisal, and make rules 
concerning captures on land and water. 

12. To raise and support armies; but no appropriation of money to that 
use shall be for a longer term than two years. 

13. To provide and maintain a navy. 

14. To make rules for the government and regulation of the land and naval 
forces. 

15. To provide for calling forth the militia to execute the laws of the 
Union, suppress insurrection^ and repel invasions. 

16. To provide for organizing, arming, and disciplining the militia, and for 
governing such part of them as may be employed in the service of the United 
States, reserving to the States respectively the appointment of the officers, 



APPENDIX. 325 

and the authority of training the militia according to the discipline pre- 
scribed by Congress. 

17. To exercise exclusive legislation in all cases whatsoever, over such 
district (not exceeding ten miles square) as may, by cession of particular 
States and the acceptance of Congress, become the seat of the government 
of the United States, and to exercise like authority over all places purchased 
by the consent of the Legislature of the State in which the same shall be, for 
the erection of forts, magazines, arsenals, dockyards, and other needful build- 
ings; and 

18. To make all laws which shall be necessary and proper for carrying 
into execution the foregoing powers, and all other powers vested by this 
Constitution in the government of the United States, or in any department or 
officer thereof. 

Section 9. 1. The migration or importation of such persons as any of the 
States now existing shall think proper to admit, shall not be prohibited by th© 
Congress prior to the year one thousand eight hundred and eight, but a tax 
or duty may be imposed on such importation, not exceeding ten dollars for 
each person. 

2. The privilege of the writ of habeas corpus shall not be suspended, 
unless when in cases of rebellion or invasion the public safety may require it. 

3. No bill of attainder or ex post facto law shall be passed. 

4. No capitation, or other direct, tax shall be laid, unless in proportion to 
the census or enumeration hereinbefore directed to be taken. 

5. No tax or duty shall be laid on articles exported from any State. 

6. No preference shall be given by any regulation of commerce or reve- 
nue to the ports of one State over those of another; nor shall vessels bound 
to, or from, one State be obliged to enter, clear, or pay duties in another, 

7. No money shall be drawn from the treasury, but in consequence of 
appropriations made by law; and a regular statement and account of the re- 
ceipts and expenditures of all public money shall be published from time to 
time. 

8. No title of nobility shall be granted by the United States ; and no per- 
son holding any office of profit or trust under them, shall, without the con- 
sent of the Congress, accept of any present, emolument, office, or title, of any 
kind whatever, from any king, prince, or foreign State. 

Section 10. 1. No State shall enter into any treaty, alliance, or confeder- 
ation; grant letters of marque and reprisal; coin money; emit bills of credit: 
make anything but gold and silver coin a tender in payment of debts: pass 
any bill of attainder, ex post facto law, or law impairing the obligation of con- 
tracts, or grant any title or" nobility. 

2. No State shall, without the consent of the Congress, lay any imposts 
or duties on imports or exports, except what may be absolutely necessary for 
executing its inspection laws; and the net produce of all duties and imposts 
laid by any State on imports or exports, shall be for the use of the treasury 



326 APPENDIX. 

of the United States; and all such laws shall be subject to the revision and 
control of the Congress. 

3. No State shall, without the consent of Congress, lay any duty of ton- 
nage, keep troops, or ships of war in time of peace, enter into any agreement 
or compact with another State, or with a foreign power, or engage in war, 
unless actually invaded, or in such imminent danger as will not admit of 
delay. 

ARTICLE II. 

Section 1. 1. The executive power shall be vested in a President of the 
United States of America. He shall hold his office during the term of four 
years, and, together with the Vice President, chosen for the same term, be 
elected, as follows. 

2. Each State shall appoint, in such manner as the Legislature thereof 
may direct, a number of electors, equal to the whole number of Senators and 
Representatives to which the State may be entitled in the Congress; but no 
Senator or Representative, or person holding an office of trust or profit under 
the United States, shall be appointed an elector. 

3. The electors shall meet in their respective States, and vote by ballot 
for two persons, of whom one at least shall not be an inhabitant of the same 
State with themselves. And they shall make a list of all the persons voted 
for, and of the number of votes for each; which list they shall sign and cer- 
tify, and transmit sealed to the seat of the government of the United States, 
directed to the president of the Senate. The President of the Senate, shall, 
in the presence of the Senate and House of Representatives, open all the 
certificates, and the votes shall then be counted. The person having the 
greatest number of votes shall be the President, if such number be a majority 
of the whole number of electors appointed; and if there be more than one 
who have such majority, and have an equal number of votes, then the House 
of Representatives shall immediately choose by ballot one of them for 
President; and if no person have a majority, then from the five highest on the 
list the said House shall in like manner choose the President. But in choos- 
ing the President, the votes shall be taken by States, the representation from 
each State having one vote; a quorum for this purpose shall consist of a mem- 
ber or members from two-thirds of the States, and a majority of all the States 
shall be necessary to a choice. In every case, after the choice of the Presi- 
dent, the person having the greatest number of votes of the electors shall 
"be the Vice President. But if there should remain two or more who have 
equal votes, the Senate shall choose from them by ballot the Vice President. 

4. The Congress may determine the time of choosing the electors, and 
the day on which they shall give their votes; which day shall be the same 
throughout the United States. 

5. No person except a natural-born citizen, or a citizen of the United 



APPENDIX. 327 

States, at the time of the adoption of this Constitution, shall be eligible to 
the office of President; neither shall any person be eligible to that office who 
shall not have attained to the age of thirty-five years, and been fourteen 
years a resident within the United States. 

6. In case of the removal of the President from office, or of his death, 
resignation, or inability to discharge the power and duties of the said office, 
the same shall devolve on the Vice President, and the Congress may by law 
provide for the case of removal, death, resignation, or inability, both of the 
President and Vice President, declaring what officer shall then act as Presi- 
dent, and such officer shall act accordingly, until the disability be removed, 
or a President shall be elected. 

7. The President shall, at stated times, receive^ for his services a com- 
pensation, which shall neither be increased nor diminished during the period 
for which he shall have been elected, and he shall not receive within that 
period any other emolument from the United States, or any of them. 

8. Before he enter on the execution of his office, he shall take the follow- 
ing oath or affirmation: "I do solemnly swear (or affirm) that I will faith- 
fully execute the office of President of the United States, and will to the 
best of my ability, preserve, protect and defend the Constitution of the 
United States." 

Section 2. The President shall be commander in chief of the army and 
navy of the United States, and of the militia of the several States, when 
called into the actual service of the United States; he may require the opin- 
ion, in writing, of the principal officer in each of the executive departments, 
upon any subject relating to the duties of their respective offices, and he 
shall have power to grant reprieves and pardons for offenses against the 
United States, except in cases of impeachment. 

2. He shall have power, by and with the advice and consent of the 
Senate, to make treaties, provided two-thirds of the Senators present con- 
cur; and he shall nominate, and by and with the advice and consent of the 
Senate, shall appoint ambassadors, other public ministers and consuls, 
judges of the Supreme Court, and all other officers of the United States, 
whose appointments are not herein otherwise provided for, and which shall 
be established by law; but the Congress may by law vest the appointment 
of such inferior officers, as they think proper, in the President alone, in the 
courts of law, or in the heads of departments. 

3. The President shall have power to fill up all vacancies that may 
happen during the recess of the Senate, by granting commissions which 
shall expire at the end of their next session. 

Section 3. He shall from time to time give to the Congress information 
of the State of the Union, and recommend to their consideration such 
measures as he shall judge necessary and expedient; he may. on extraor- 
dinary occasions, convene both Houses, or either of them, and in case of dis- 



328 APPENDIX. 

agreement between them with respect to the time of adjournment, he may 
adjourn them to such time as he shall think proper. He shall receive ambas- 
sadors and other public ministers. He shall take care that the laws be faith- 
iully executed, and shall commission all the officers of the United States. 

Section 4. The President, Vice President, and all civil officers of the 
United States, shall be removed from office on impeachment for, and con- 
viction of, treason, bribery, or other high crimes and misdemeanors. 

ARTICLE III. 

Section 1. The judicial power of the United States shall be vested in one 
Supreme Court, and in such inferior courts as the Congress may from time 
to time ordain and establish. The judges, both of the Supreme and inferior 
courts, shall hold their offices during good behavior, and shall, at stated 
times, receive for their services, a compensation which shall not be dimin- 
ished during their continuance in office. 

Section 2. 1. The judicial power shall extend to all cases, in law and 
equity, arising under this Constitution, the laws of the United States, and 
treaties made, or which shall be made, under their authority; to all cases 
affecting ambassadors, other public ministers and consuls; to all cases of 
admiralty and maritime jurisdiction; to controversies to which the United 
States shall be a party; to controversies between two or more States; be- 
tween a State and citizens of another State; between citizens of different 
States, between citizens of the same State claiming lands under grants of 
different States, and between a State, or the citizens thereof, and foreign 
States, citizens or subjects. 

2. In all cases affecting ambassadors, other public ministers and con- 
suls, and those in which a State shall be party, the Supreme Court shall 
nave original jurisdiction. In all the other cases before mentioned, the 
Supreme Court shall have appellate jurisdiction, both as to law and fact, 
with such exceptions, and under such regulations as the Congress shall 
make. 

3. The trial of all crimes except in cases of impeachment, shall be by 
jury; and. such trial shall be held in the State where the said crimes shall 
nave been committed; but when not committed within any State, the trial 
shall be at such place or places as the Congress may by law have directed. 

Section 3. 1. Treason against the United States, shall consist only in levy- 
ing war against them, or in adhering to their enemies, giving them aid and 
comfort. No person shall be convicted of treason unless on the testimony 
of two witnesses to the same overt act, or on confession in open court. 

2. The Congress shall have power to declare the punishment of treason, 
but no attainder of treason shall work corruption of blood or forfeiture 
except during the life of the person attainted. 



APPENDIX. 329 

ARTICLE IV. 

Section 1. Full faith and credit shall be given in each State to the public 
acts, records, and judicial proceedings of every other State. And the Con- 
gress may by general laws prescribe the manner in which such acts, rec- 
ords and proceedings shall be proved, and the effect thereof. 

Section 2. 1. The citizens of each State shall be entitled to all privileges 
and immunities of citizens in the several States. 

2. A person charged in any State with treason, felony, or other crime, 
who shall flee from justice, and be found in another State, shall on demand 
of the executive authority of the State from which he fled, be delivered up 
to be removed to the State having jurisdiction of the crime. 

3. No person held to service or labor in one State, under the laws there- 
of, escaping into another, shall, in consequence of any law or regulation 
therein, be discharged from such service or labor, but shall be delivered up 
on claim of the party to whom such service or labor may be due. 

Section 3. 1. New States may be admitted by the Congress into this 
Union; but no new State shall be formed or erected within the jurisdiction 
of any other State; nor any State be formed by the junction of two or more 
States, or parts of States, without the consent of the legislatures of the 
States concerned as well as of the Congress. 

2. The Congress shall have power to dispose of and make all needful 
rules and regulations respecting the territory or other property belonging 
to the United States; and nothing in this Constitution shall be so con- 
strued as to prejudice any claims of the United States, or of any particular 
State. 

Section 4. The United States shall guarantee to every State in this 
Union a republican form of government, and shall protect each of them 
against invasion; and on application of the legislature, or of the executive 
(when the legislature can not be convened), against domestic violence. 

ARTICLE V. 

The Congress, whenever two-thirds of both Houses shall deem it nec- 
essary, shall propose amendments to this Constitution, or, on the application 
of the Legislatures of two-thirds of the several States, shall call a conven- 
tion for proposing amendments, which, in either case, shall be valid to all 
-Intents and purposes, as part of this Constitution, when ratified by the legis- 
latures of three-fourths of the several States, or by conventions in three- 
fourths thereof, as the one or the other mode of ratification may be pro- 
posed by the Congress: Provided that no amendment which may be made 
prior to the year one thousand eight hundred and eight shall in any manner 
affect the first and fourth clauses in the ninth section of the first article; 



330 APPENDIX. 

and that no State, without its consent shall he deprived of its equal suf- 
frage in the Senate. 

ARTICLE VI. 

1. All debts contracted and engagements entered into, before the adop- 
tion of this Constitution, shall be as valid against the United States under 
this Constitution as under the Confederation. 

2. This Constitution, and the laws of the United States which shall be 
made in pursuance thereof: and all treaties made, or which shall be made, 
under the authority of the United States, shall be the supreme law of the 
land; and the judges in every State shall be bound thereby, anything in the 
Constitution or laws of any State to the contrary notwithstanding. 

3. The Senators and Representatives before mentioned, and the mem- 
bers of the several State' Legislatures, and all executive and judicial officers, 
both of the United States, and of the several States, shall be bound by oath 
or affirmation to support this Constitution; but no religious test shall ever 
be required as a qualification to any office or public trust under the United 
States. 

ARTICLE VII. 

The ratification of the conventions of nine States shall be sufficient 
for the establishment of this Constitution between the States so ratifying 
the same. 

Done in Convention by the unanimous consent of the States present the 
seventeenth day of September in the year of our Lord one thousand seven 
hundred and eighty-seven, and of the independence of the United States 
of America the twelfth. In witness whereof we have hereunto subscribed 
our names. 

GEO. WASHINGTON, 
President and Deputy from Virginia. 



NEW HAMPSHIRE— 
John Langdon, 
Nicholas Gilman. 

MASSACHUSETTS— 
Nathaniel Gorham, 
Rufus King. 

CONNECTICUT— 

Wm. Samuel Johnson, 
Roger Sherman, 



DELAWARE— 
Geo. Read, 

Gunning Bedford, Jr., 
John Dickinson, 
Richard Bassett, 
Jacob Broom, 

MARYLAND— 

James McHenry, 

Daniel of St. Thos. Jenifer, 

Danl. Carroll. 



APPENDIX. 331 

NEW YORK— VIRGINIA— 
Alexander Hamilton. John Blair, 

James Madison, Jr. 

NEW JERSEY— 

W T ill Livingston, NORTH CAROLINA— 
David Brearley, Wm. Blout, 

Wm. Paterson, Richd. Dobbs Spaight, 

Jonah Dayton. Hu. Williamson. 

PENNSYLVANIA— SOUTH CAROLINA— 
Benjamin Franklin, J. Rutledge, 

Thomas Mifflin, Charles Cotesworth Pinckney, 

RoM. Morris, Charles Pinckney, 

Geo. Clymer, Pierce Butler. 

Thos. Fitzsimons, 

Jared Ingersoll, GEORGIA— 
James Wilson, William Few, 

Gouv. Morris. Abr. Baldwin. 

Attest: William Jackson, Sec'y. 

Articles in addition to, and amendment of, the Constitution of the United 
States of America, proposed by Congress, and ratified by the Legislatures of 
the several States pursuant to the fifth article of the original Constitution. 

ARTICLE I. 

Congress shall make no law respecting an establishment of religion, or 
prohibiting the free exercise thereof; or abridging the freedom of speech, 
or of the press; or the right of the people peaceably to assemble, and to 
petition the government for a redress of grievances. 

ARTICLE II. 

A well regulated militia, being necessary to the security of a free State, 
the right of the people to keep and bear arms, shall not be infringed. 

ARTICLE III. 

No soldier shall, in time of peace be quartered in any house, without 
the consent of the owner, nor in time of war, but in a manner to be prescribed 
by law. 

ARTICLE IV. 

The right of the people to be secure in their persons, houses, papers, 
and effects, against unreasonable searches and seizures, shall not be violated. 



332 APPENDIX. 

and no warrants shall issue, but upon probable cause, supported by oath or 
affirmation, and particularly describing the place to be searched, and the 
persons or things to be seized. 

ARTICLE V. 

No person shall be held to answer for a capital, or otherwise infamous 
crime, unless on a presentment or indictment of a grand jury, except in 
cases arising in the land or naval forces, or in the militia, when in actual 
service in time of war or public danger; nor shall any person be subject for 
the same offense to be twice put in jeopardy of life or limb; nor shall be 
compelled in any criminal case to be a witness against himself; nor be 
deprived of life, liberty, or property, without due process of law; nor shall 
private property be taken for public use without just compensation. 

ARTICLE VI. 

In all criminal prosecutions, the accused shall enjoy the right to a 
speedy and public trial, by an impartial jury of the State and district wherein 
the, crime shall have been committed, which district shall have been previ- 
ously ascertained by law, and to be informed of the nature and cause of 
the accusation; to be confronted with the witnesses against him; to have 
compulsory process for obtaining witnesses in his favor, and to have the 
assistance of counsel for his defense. 

ARTICLE VII. 

In suits at common law, where the value in controversy shall exceed 
twenty dollars, the right of trial by jury shall be preserved, and no fact tried 
by a jury shall be otherwise re-examined in any court of the United States, 
than according to the rules of the common law. 

ARTICLE VIII. 

Excessive bail shall not be required, nor excessive fines imposed, nor 
cruel and unusual punishments inflicted. 

ARTICLE IX. 
The enumeration in the Constitution of certain rights, shall not be 
construed to deny or disparage others retained by the people. 

ARTICLE X. 

The powers not delegated to the United States by the Constitution, nor 
prohibited by it to the States, are reserved to the States respectively, or 
to the people. 

ARTICLE XL 

The judicial power of the United States shall not be construed to ex- 



APPENDIX. 333 

tend to any suit in law or equity, commenced or prosecuted against one of 
the United States by citizens of another State, or by citizens or subjects of 
any foreign State. 

ARTICLE XII. 

Sec. 1. The electors shall meet in their respective States, and vote by ballot 
for President and Vice President, one of whom, at least, shall not be an inhabi- 
tant of the same State with themselves; they shall name in their ballots the 
person voted for as President, and in distinct ballots the person voted for 
as Vice President, and they shall make distinct lists of all persons voted for 
as President and of all persons voted for as Vice President, and of the num- 
ber of votes for each, which lists they shall sign and certify, and transmit 
sealed to the seat of the government of the United States, directed to the 
president of the Senate; the president of the Senate shall, in the presence of 
the Senate and House of Representatives, open all the certificates and the 
votes shall then be counted; the person having the greatest number of votes 
for President shall be the President, if such number be a majority of the 
whole number of electors appointed; and if no person have such majority, 
then from the persons having the highest numbers not exceeding three on 
the list of those voted for as President, the House of Representatives shall 
choose immediately, by ballot, the President. But in choosing the President, 
the votes shall be taken by States, the representation from each State hav- 
ing one vote; a quorum for this purpose shall consist of a member or mem- 
bers from two-thirds of the States, and a majority of all the States shall be 
necessary to a choice. And if the House of Representatives shall not choose 
a President whenever the right of choice shall devolve upon them, before 
the fourth day of March next following, then the Vice President shall act 
as President, as in the case of the death or other constitutional disability 
of the President. The person having the greatest number of votes as Vice 
President shall be the Vice President, If such number be a majority of the 
whole number of electors appointed, and if no person have a majority, then 
from the two highest numbers on the list, the Senate shall choose the Vice 
President; a quorum for the purpose shall consist of two-thirds of the whole 
number of senators, and a majority of the whole number shall be necessary 
to a choice. But no person constitutionally ineligible to the office of Presi- 
dent shall be eligible to that of Vice President of the Unted States. 

ARTICLE XIII. 

Section 1. Neither slavery nor involuntary servitude, except as a pun- 
ishment for crime whereof the party shall have been duly convicted, shall 
exist within the United States, or any place subject to their jurisdiction. 

Section 2. Congress shall have power to enforce this article by appropri- 
ate legislation. 



334 APPENDIX. 

ARTICLE XIV. 

Section 1. All persons born or naturalized in the United States, and sub- 
ject to the jurisdiction thereof, are citizens of the United States and of the 
State wherein they reside. No State shall make or enforce any law which 
shall abridge the privileges or immunities of citizens of the United States 1 , 
nor shall any State deprive any person of life, liberty, or property, without 
due process of law; nor deny to any person within its jurisdiction the equal 
protection of the laws. 

Section 2. Representatives shall be apportioned among the several 
States according to their respective numbers, counting the whole number 
of persons in each State, excluding Indians not taxed. But when the right 
to vote at any election for the choice of electors for President and Vice 
President of the United States, Representatives in Congress, the executive 
and judicial officers of a State, or the members of the Legislature thereof, 
is denied to any of the male inhabitants of such State, being twenty-one 
years of age, and citizens of the United States, or in any way abridged, ex- 
cept for participation in rebellion, or other crime, the basis of representa- 
tion therein shall be reduced in the proportion which the number of such 
male citizen shall bear to the whole number of male citizens twenty-one 
years of age in such State. 

Section 3. No person shall be a Senator or Representative in Congress, 
or elector of President and Vice President, or hold any office, civil or mili- 
tary, under the United States, or under any State, who, having previously 
taken an oath, as a member of Congress, or as an officer of the United States, 
or as a member of any State Legislature, or as an executive or judicial officer 
of any State, to support the Constitution of the United States shall have 
engaged in insurrection or rebellion against the same, or given aid or com- 
fort to the enemies thereof. But Congress may by a vote of two-thirds of 
each House, remove such disability. 

Section 4. The validity of the public debt of the United States, author- 
ized by law, including debts incurred for payment of pensions and bounties 
for services in suppressing insurrection or rebellion, shall not be questioned. 
But neither the United States nor any State shall assume or pay any debt or 
obligation incurred in aid of insurrection or rebellion against the United 
States, or any claim for the loss or emancipation of any slave; but all such 
debts, obligations and claims shall be held illegal and void. 

Section 5. The Congress shall have power to enforce, by appropriate leg- 
islation, the provisions of this article. 

ARTICLE XV. 

Section 1. The right of citizens of the United States to vote shall not be 
denied or abridged by the United States or by any State on account of race, 
color, or previous condition of servitude. 

Section 2. The Congress shall have power to enforce this? article by ap- 
propriate legislation. 



INDEX. 



A. 



Abuses of Authority, 250. 

Absolute Monarchies, 93. 

Adjournment of Congress, 159, 230. 

Admiralty, Cases of, 243. 

Administration of Schools, 283. 

Admission of States, 254. 

Agriculture, dept., 225. 

Adams, Sam'l., Ill, 114. 

Alien, def., 180; made a citizen, 180. 

Aristocracy, 67, 93. 

American Institutions, 78; non-, 78. 

America Discovered, 99. 

Albany Congress, 109. 

Acts, Navigation, 110. 

Articles of Confederation, 125; defects 
in, 126; 

Amendment, 1st, 263. 

Amending power, 259. 

Amendments, State Constitutional, 
275; first ten discussed, 261; three 
of the, 246; proposal of, 260; ratifi- 
cation, 260; prohibitions, 260. 

Annapolis, Naval Academy at, 224. 

Annual Report, of Congress, 202. 

Appendix, 291. 

Appellate jurisdiction, 245. 

Appointing power, of Pres., 228. 

Apportionment, of Reps., 143. 

Army, Pres. commander-in-chief, 217; 
support of, 190. 

Assembly, right of, 264. 

Assessments, State, 281. 

Assistants, of Pres., 218, 219, 220, 229. 

Attainder, Bill of, 200. 

Australian Ballot, 280. 



B. 

Bail, 266. 

Ballot, Australian ballot, 280. 

Bankruptcy, 183. 

Bankrupt, laws, 183. 

Bill of Attainder, 200. 

Bills, for raising revenue, 170; course 

of, through Congress, 171, 173, 174, 

175; of credit, 203, 



Bonds, 179. 

Borrowing money, 179. 
Bible, quotations on, 17. 
Blessings of Liberty, 138. 
Brotherhood, A Universal, 65; the 

Temple of, 69. 
Birth of the Nation, 120. 
Bell, Liberty, 124. 
Bureaus, 223. 



Cabinet, appointment of, 2x7, 218. 

Call of the House, 158. 

Capitation Tax, 201. 

Cases, 242; in law and equity, 242; 
arising under the Constitution, 243; 
affecting ambassadors, 243; admir- 
alty, 243; of the United States, 243; 
between States, 244. 

Challenging, 280. 

Chart, 12, 13. 

Chaplain, 148. 

Circuit Court, 240; of appeals, 240. 

Citizens, def., 180; duties, rights, 252, 
268. 

City, gov. of., 287; officers of, 288; ju- 
diciary, 288; executive dept., 289. 

Clerk, of House, 147. 

Civil, officers, 231; fraud, 160; society, 
88. 

Clearing, and entering, 201. 

Coinage of money, 184; condensed 
help, 184. 

Collection of taxes, 282. 

Christian, nation, 18. 

Conscience, 24, 38; our anchor. 25; 
and social problems. 26; what Hor- 
ace Mann said of, 26; and universal 
peace, 26; and political parties. 27, 

Civic Image, Our. 27. 

Conception, the law-making dept., '29. 

Characteristics of a good citizen. 31. 

Confidence in self. 33. 

Confederation, articles of. 125: defects, 
126. 203; debts of. 261. 

Conference committees. 176. 



336 



INDEX. 



Colonies, established, 99; League of 

N. Eng., 109. 
Colonists, character of, 104. 
Congress, Albany, 109; Stamp Act, 

110; sessions, 141, 157; place of 

meeting, 142; First Continental, 114; 

Second Continental, 116; consists of. 

140, 141; extent of powers of, 180; 

adjourn, 230; and the Treasury, 202. 
Constitution, submitted, 130; ratified, 

130; The, 98, 135; and the Soul, 134; 

the preamble, 137; reflections on 

the, 136; and caste, 67. 
Church, the school and, 105. 
Colonial prosperity, 108. 
Common sense, 36. 
Colonial gov., 92. 
Civic growth, 40. 
Character, 44; its evolution, 45. 
Charity, 65. 
Constitution, and education, 77; the 

making of, 98. 
Character-building institutions, 78. 
Charter Gov., 94. 
Columbia, Disct, 192. 
Commerce and Labor, dept., 226. 
Commerce, regulated by Congress, 

179; colonial, 108. 
Commissioners, electoral, 212. 
Committees, importance of, 150; sys- 
tem of, 172; correspondence, 112. 
Compact, Mayflower, 101. 
Combined, or Western, Type, 279. 
Congressional districts, 146; elections, 

146. 
Consuls, 220. 
Copyrights, object of, 187; securing, 

188. 
Corruption, political, 58. 
Counterfeiting, def., 185; punishment 

of, 185. 
Courts, law and equity, 242; admiralty 

and maritime, 243; circuit, 240; of 

appeals, 240; supreme, 239; federal, 

248; district, 240; claims, 240; of 

Disct. of Columbia, 241; territorial, 

241. 
Credit, full faith and, 252. 
County system, 278, 96. 
Country, our, and home, 71. 
Clerk, of House, 147. 
Chaplain, 148. 

Course of a bill, 171, 173, 174, 175. 
Contracts, 204. 



Divine gov., 15; origin of, 15. 

Demagogue, reign of the, 58. . 
Depts., soul gov., 28. 

Debate, questions for, 20, 30, 38, 49, 
64, 70, 85, 97, 133, 139, 163, 176, 197 
206, 233, 285, 290, 258, 271; in House 
159. 

Debt, public, 269; of Confederation, 
261. 

Declaration of Independence, 119, 122, 
123,; of war, 190. 

Defense, common, 138. 

Delegates, territorial, 145. 

Departments, of gov., 140; of war, 222; 
State, 219; treas., 220; navy, 223; 
post office, 224; interior, 224; jus- 
tice, 225; agriculture, 225; commerce 
and labor, 226; judicial, 234. 

Diplomatic service, 219. 

Direct tax, 201. 

District, congressional, 146; of Colum- 
bia, 192, 193. 

Doorkeeper, of House, 147. 

Duties, exports, etc., 177, 201, 204. 

Domestic tranquillity, 138, 159. 



Education, democracy in, 83 ; and mon- 
archies, 79; and property, 79, 83; 
and free gov., 77 ; and financiers, 81 ; 
quotations on, 80; State, 283; and. 
the Constitution, 77. 

Executive dept., and soul gov., 29. 

Elements of a lofty character, 31. 

Evolution of character and patriotism, 
45. 

Enemies of the Republic, 59. 

Establishment of the colonies, 99. 

Election of, Senators, 151; Reps., 142, 
156; returns, 157; State, 281. 

Electoral College, 244; commission, 
212. 

Electors, Presidential, 209. 

Eleventh amendment, 244, 267. 

Enabling Act, 254. 

Entering and clearing, 201. 

Equity, cases of law and, 242. 

Excessive fines, 266. 

Excises, defined, 178. 

Executive, chief, of U. S., 207; term of 
office, 207; assts., 217. 



INDEX. 



337 



Ex post facto laws, 201. 

Export duties, 201. 

Extra sessions of Congress, 230. 

Extradition, 253. 

Enthusiasm, 34. 



F. 



Faith, full, 33, 252. 

Flag, the, 61. 

Federal Courts, 239; judges, 241; ter- 
ritorial, 193. 

Felony, 189. 

Federalist, the, 131. 

Fifteenth Amend., 270. 

Filibustering, 173. 

Finances, 282; and Education, 81. 

First Continental Congress, 114. 

Fourteenth Amendment, 268, 144. 

Franklin's plan of Union, 298. 

Freedom, personal, 21; of debate, 159; 
of conscience, 263; of speech and 
press, 264; thought, 264; assembly, 
264. 

Free gov., and education, 77; schools, 
82. 

Fugitives, 253; steps in returning, 253. 



Gerrymandering, 146. 

Government, divine, 15; civil, 87; self- 
21; soul, 28; forms of, 92, 93, 94, 95; 
of Dist. of Columbia, 192; and edu- 
cation, 77; knowledge of, 87; local, 
272; nature of, 273. 

Governmental repressiveness, 24. 

Growth, human and civic, 40. 

Governed, the, and ungoverned spirit, 
40. 

Government, State, 255; territorial 
255. 

God's statutes, 17; in the image of, 22. 

Grand jury, 246. 

Government, city, 287; early, 95; pur- 
pose of, 136. 

Giant, the unseen, 46. 

God, 15; in nature, 16. 



H. 

Habeas corpus, 199. 

Hamilton, Alexander, 131, 130, 220. 

Harrison, Pres., 208. 



Health, 38. 

Home, 71; enlightened, 50; protection 

of, 265; tyrannical, 72; lawless, 73; 

love of, 74; ownership, 74; happy, 

74; moral, 75; officers of, 76; and 

country, 72, 
Harvard College, 84. 
Hancock, John, 112. 
House of Rep., representation in, 143; 

composition of, 141; officers, 146; 

organization, 14^; vacancies in, 146. 
Heads, executive depts., 217. 
Humility, 32. 
Human growth, 40. 
Hope, 32. 
Honesty, 35. 
Honest political leader, 59. 

I. 

Ideas, 165; and the home, 165; and the 
neighborhood, 165; and the congres- 
sional district, 166; and conventions, 
166. 

Ideals, 32; the ideal school, 81. 

Image, of God, man made in, 22; our 
civic, 27. 

Immigration, 199. 

Impeachment, 149; Senate has power 
to try, 156; of President, 156; pen- 
alty, 156. 

Implied powers, 194. 

Imports, 177. 

Imposts, 178. 

Income tax, 178. 

Industry, 35. 

Individual development, 26. 

Independence, 119 

Indirect tax, 178. 

Inspection laws, 205. 

Insolvency, 183. 

Interior dept, 224; duty of secretary 
of, 225. 

Inauguration, of Pres., 216; of Vice- 
President, 216. 



Jurnal, of Congress, 158. 

Judicial, dept., 234; power vested in, 
141; soul gov.. 29. 

Judges of Supreme Court. 239: salar- 
ies, 241, 242; term, 241; appoint- 
ment of, 241. 



338 



INDEX. 



Judiciary, nature of, 234; necessity of, 
239. 

Judges, appointment of, 241. 

Jurisdiction, 245; original and appel- 
late, 245. 

Jury, 246, 247, 249. 

Justice, Union, etc., 89; dept. of, 234 : 
225; to establish, 137. 



K. 



Knowledge and wisdom, 34. 
Knowledge of government, 87. 
King's laws, 99. 
King, Chas. II., 108; Geo. III., 110, 117, 



Law, municipal, 286; moral, 17. 

Law, courts of equity and, 242; artifi- 
cial, 167; regulating domestic af- 
fairs, 138; of life, 45; king's, 99; ex- 
ecution of, 230. 

Legal tender, 204. 

Legislative dept., 140. 

Lee, Robt. E., 39. 

Laws, of the king, 99; of men, 30; bad, 
90; how made, 164; inspection, 205. 

League, New Eng., 109. 

Latent powers, 46. 

Leader, honest political, 59. 

Letters of marque and reprisal, 190. 

Liberality, religious, Q6; political, 66. 

Liberty, religious, 263; of conscience. 
263; bell, 124; blessings of, 138. 

Limited monarchies, 93. 

Local gov., 272; early local, 95, 278. 

Log-rolling, 173. 

Love, 32; of country, 50; home, 74. 



M. 



Mace, the, 148. 

Man, made in God's Image, 22; nobil- 
ity of, 99. 
Man's laws, 30; nature, 87. 
Mayflower compact, 101. 
Majority vote, 281. 
Maintaining armies, 190. 
Maritime cases, 243. 
Marque and reprisal, 190. 
Message, President's, 230. 



Military academy, 223; law, 191; pow 
er of President, 216. 

Militia, 191; State, 265, 

Ministers, received, 230; appointed, 
228. 

Monarchy, def., 93; absolute, 93; lim- 
ited, 93; hereditary, 93; elective, 93; 
and education, 79. 

Money, borrowing, 179; coinage of, 
184; condensed help, 184; bills of 
credit, 203. 

Moral, obligations, 183; law, 17. 

Municipal gov., 286. 



N. 



Nation, a, 88; powers given, 177; birth 

of, 120; a Christian, 18. 
Nature, of man, 87; of State gov., 273. 
Naturalization, def., 180; requirements, 

181; controlled by Congress, 181; 

steps in, 181; condensed help, 182. 
Navigation Acts, 110. 
New England League, 109. 
Naval Academy, 224. 
Navy dept., 191, 223. 
Negroes, suffrage, 270. 
Nobility, of man, 99; titles of, 202, 204 
Nominations to office, 228. 
Non-American institutions, 78. 
Necessity oi education, 24. 
Notes, Treasury, 179. 
Narrow men and politics, 68. 



Oath of office, 262; violation, 269. 

Obligation, moral, 183. 

Officers, of House, 146; Senate, 155; 
State, 277; City, 287; other, 229; 
nominated, 229. 

Original jurisdiction, 245. 

Opinion, public, 169. 

Our civic image, 27. 

Originality, 37. 

Opportunities, 46. 

Obedience to law, 90. 

Orders and resolutions, 170. 

Origin of government, 15. 

Opening statement of Constitution, 
137. 

Object of bankrupt law, 183; of copy- 
right, 187. 



INDEX. 



Pardoning, power of Pres., 217. 

Parliamentary rules, 158. 

Parties, political, 168. 

Patent office, 189; rights, 188. 

Patriotism, 42, 50; farming, 50. 

Patriotic, zeal natural, 56. 

Patriarchies, 94. 

Party machinery, 164. 

People, the, 136. 

Personal freedom, 21. 

Petit jury, 247. 

Petition, right of, 264. 

"Piracies, 189. 

Pilgrims, the, 101-103. 

Pocket veto, 174. 

Political, freedom, 66; friendship, 68; 
parties, and conscience, 27; parties, 
168. 

Plurality vote, 281. 

Plan of our gov., 28, 136. 

Poll tax, 178. 

Postmaster, of House, 147. 

Post-office dept, 186, 224; and post- 
roads, 186. 

Ports of entry, 178. 

Power, the road to, 23; to tax, 177. 

' olitics, narrow men and, 68. 

Powers, of U. S., 177; prohibited, 199; 
implied, 194; undeveloped, 46; of 
Congress, extent of, 180. 

Preamble, 137. 

President, of U. S., 207; qualifications, 
213; inauguration, 216; first, 131; 
signs bills, 171; veto, 171; salary 
215; commander-in-chief of army, 
216; term of office, 207; replaced, 
215; power to pardon, 217; cabinet, 
217; message, 230; military power, 
216; of Senate, 155. 

Presents, 203. 

Presidential electors, 209; manner of 
choosing, 209; vacancy, 215. 

Protection, 256; of home, 265. 

Proprietary gov., 94. 

Provincial gov., 94. 

Property and education, 79. 

Public opinion, 164, 169. 

Punishment for violating oath of of- 
fice, 269; of nresentatives, etc., 
158. 

Peace, universal 

Purpose, 33; of Ou government, 136. 



Qualification, of Pres., 213, 214. 
Quotations from: 

Jefferson, 80, 119, 234. 

Clay, 17. 

Henry, 17, 117. 

Adams, 17. 

Holland, 17, 46, 67. 

Milton, 21. 

Everett, 101. 

Mann, 26, 107. 

Grady, 72. 

Spencer, 34, 80, 105. 

Emerson, 37, 81. 

Harrison, 45, 208, 220. 

Ingalls, 48. 

Folk, 50. 

McKinley, 58. 

Holmes, 60. 

Hoar, 61. 

Webster, 62, 220. 

Ridpath, 77. 

Ruskin, 10, 78. 

Shakespeare, 35. 

Hinsdale, 96. 

Gladstone, 134. 

Plato, 134. 

Garfield, 77, 91. 

Campayne, 80. 

Macaulay, 80. 

Draper, 80. 

Edwards, 80. 

Carlyle, 83. 

Fiske, 82. 

Longfellow, 86. 

Coleridge, 88. 

Lincoln, 89. 

Woolsey, 100. 

Adams, Sam'l., 114. 

Lee, 119. 

Boynton, 120. 

Bancroft, 125. 

Franklin, 127. 

Bryant, 134. 

Black, 135, 177, 214, 228. 

Kent, 180. 

Story, 194, 251. 

Field, 200. 

Washington, 234. 

Marshall, 250. 

Madison, 255. 

Friedenwald, 115. 

Mill, 134. 



340 



INDEX. 



Questions for Debate, 20, 30, 38, 49, 

64, 70, 85, 97, 133, 139, 163, 176, 197, 

206, 233, 258, 285, 290. 
Questions, suggestive, 20, 30, 38, 49, 

64, 70, 76, 84, 97, 132, 139, 160, 176, 

195, 206, 231, 256, 284, 290. 
Quorum in Congress, 157. 
Qualification, of Pres., 213, 214; of 

Senators, 154; Representatives, 142. 



R. 



Ratification, of Articles of Confedera- 
tion, 125; of Constitution, 130; of 
Amendments, 260. 

Regulation of commerce, 179. 

Religious toleration, 263; zeal, 102; 
liberality, 66. 

Reception of ministers, 230. 

Revolution, 125. 

Removal from office, 229. 

Report, of Congress, 202. 

Ratio of Representation, 144. 

Representatives, of each State, 145; 
election, 142, 146, 156; qualifications, 
142; number, 145; apportionment of, 
143; term, 142; privileges of, 145; 
on committees, 150; seated, 150; 
House of, 127; punishment of, 158; 
salary, 159. 

Representation and direct taxes, 111. 

Reprieves and pardons, 217. 

Rights, def., 91; political, 91; civil, 91; 
forfeited, 92; other federal, 205; of 
citizens, 252; of eminent domain, 
248; statement of, 111; patent, 188; 
reserved to States, 192; of petition, 
264; State, 266; to amend, 259. 

Republican form of gov., 93, 255. 

Resolutions and orders, 170. 

Rules, parliamentary, 158. 

Right, of assembly, 264. 

Road to power, 23. 

Repressiveness, governmental, 24. 

Reason, 29. 

Reign of the demagogue, 58. 

Repealing bad laws, 90. 

Returns, election, 157. 



S. 



Salary, of Congressmen, 159; judges, 
242; Speaker of House, 159; Presi- 
dent, 215. 



School, the ideal, 81; of self-reliance, 
105; the, and the church, 105; free, 
82. 

Search, freedom from, 265. 

Second, trial, 248. 

Secretaries of depts., 219, 220, 230. 

Senate, 151; representation in, 152; 
composition of, 152; power to try 
impeachments, 156; seated, 152; of- 
ficers of, 155; vacancies, 154. 

Senators, election, 151; classes of, 153; 
qualification, 154; term of office, 154; 
punishment, 158; salary, 159. 

Sergeant-at-arms, 148. 

Self-government, 21, 24; confidence, 
33. 

Soul, the, 22, 99; and the Constitu- 
tion, 134; depts. of, 28. 

Statutes of man, 30. 

Sympathy, 33. 

Selfishness, 35. 

Sound body, 38. 

bovereignty, 89. 

Stamp Act Congress, 110. 

Sessions of Congress, 157; extra, 141; 
short, 141; long, 141. 

Similarity of government, 273. 

Slave trade, 199. 

Slavery, 268. 

Solvency, 183. 

Society, civil, 88. 

Speaker, of House, 147; salary, 147; 
rights and duties, 147; election, 146; 
takes oath, 149. 

Speech, freedom of, 264. 

Stamp Act Congress, 110. 

State, def., 88; rights reserved, 192, 
266; prohibitions, 199-206; Constitu- 
tions, 274; dept., 219; militia, 265; 
gov., 272; assessments, 281; divi- 
sions, 275; legislature, 276; laws, 
276; executive, 276; officers, 277; 
judiciary, 277. 

Steps, in making an alien a citizen, 
181; in making the Constitution, 98. 

Story, quoted, 194, 251. 

Study, nation first, 274. 

Subjects, 249. 

Succession, presidential, 215. 

Suffrage, 279; and taxation, 194. 

Supreme Court, 189, 239, 278. 

Supreme law of the land, 261. 

Spirit, governed and ungoverned, 40 ; 
41, 42, 43. 

System, committee, 172. 



INDEX. 



341 



Tax, direct, 178; indirect, 178. 

Taxation, 178, 282. 

Territorial, delegates, 145; gov., 255. 

Territory, Fed., 193; becomes a State, 
254. 

Thought, freedom of, 264. 

Thirteenth Amend., 268, 

Titles of nobility, 202, 204. 

Tonnage, 205. 

Town, N. E., 95, 278. 

Township System, 278. 

Treason, def., 250; punishment, 251; 
attainder, 251. 

Treasury Dept., 220; notes, 179; Sec'y., 
220; condensed help, 220; and Con- 
gress, 202. 

Treaties, 203; def., 228; terms, 228. 

Trial, new, 248; impeachment, 156; by 
jury, 248, 249; rights of citizen on, 
248. 

True bill, 247. 

Twelfth Amend., 267, 210, 211, 212, 213. 

Theocracies, 94. 

Tact, 36. 

Taxation, education, 83. 

Tyrannical, king, 108; home, 72. 

Tea Party, 113. 

Trade, slave, 199. 



U. 



Union, A more perfect, 137. 
Universal Peace and Conscience, 26. 
Unselfishness, 35. 



Undeveloped powers, 46. 
Uncle Sam, 62, 63. 
Universal brotherhood, 65. 



Vacancy in presidential office, 215; in 
House, 146; Senate, 151, 153. 

Validity of public dept, 269. 

Veto, 171; pocket, 174; passage of bill 
over, 175. 

Vice-President, pres. Senate, 155; in- 
auguration, 216; qualification, 279;^ 
salary, 216; election, 280. 

Vote, yea and nay, 159; viva voce, 280; 
methods, 280. 



W. 



War, dept, 222. 

War, declaration, 190. 

Welfare, general, 138. 

Will, 29, 31. 

Wisdom, 34. 

Washington, 41, 131. 

Weights and measures, 185. 

Workers, on temple of brotherhood, 69. 

Writ, habeas corpus, 199. 

West Point, academy, 223. 



Yea and nay vote, 158. 



Z. 



Zeal, necessary, 56; religious, 102. 



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